earticle

영어

This study attempted to analyze the legal content concerning the legal status of the housing tenant in real estate auction based on the special laws of the「Civil Code」such as the「Housing Lease Protection Law」and the 「Civil Execution Law」and present the following scheme for improvement of the legal status of the housing tenant by examining the decision of the Constitutional Court and the judicial precedents of the Supreme Court: First, the opposing power should be generated only by the delivery of the house and come into effect immediately from the day that the delivery of the house occurs. Second, in case the senior tenant is not repaid the total sum of the deposit at the previous auction procedure in which the senior tenant has both the opposing power and the preferential payment right, the trailing auction procedure should admit both the opposing power and the preferential payment right. Thir, it is necessary to improve the standard for the small-amount tenant to calculate the price subject to preferential paymenton the basis of 'the higher of either the appraised price or selling price', not the selling price.