전세금 미반환 현상 및 전세사기로 인한 피해사례 조사와 제도 개선방안 연구

다국어 초록 (Multilingual Abstract)

This study aims to analyze the phenomenon of non-return of the rental deposit, cases of not receiving the rental deposit back due to rental fraud, and damage cases by type due to rental fraud.
The collateral value of the house is lower than the lease deposit, so the landlord is unable to repay the loan and is at risk of being auctioned or foreclosed, a reverse lease situation where the tenant does not receive the lease deposit back after the lease contract expires, and house prices are rising due to gap investment without capital. When it falls, the landlord is unable to return the deposit for rent due to the decrease in asset value. Ga-deunggi Preservation of Malicious Ownership Transfer Claims analyzes the problems occurring in the real estate rental market and the resulting damage to tenants, and proposes institutional supplementary measures to improve them. The purpose is to do this.
Preservation of ownership transfer claims Provisional registration is a provisional registration to preserve the priority of registration, and subordinate rights registered after the provisional registration are retroactively extinguished when the holder of the provisional registration makes the main registration. However, the lessee's rights formed by the lease contract are not registered on the certificate of all registered matters as a claim, and in accordance with the principle of priority of real rights, the provisional registration of the right to claim transfer of ownership takes precedence over the lease.
Due to this problem, if a malicious landlord does not return the rental deposit, it is difficult for the tenant to collect the bond through auction.
In order to solve these problems, this study seeks to prevent the abuse of temporary registration for preservation of ownership transfer claims and to find institutional improvement measures that can more clearly guarantee tenants' housing stability.