住宅賃貸借保護法에 관한 硏究 : 住宅賃借權의 對抗力을 中心으로 = (A) Study on the Right of Resistance in the house Lease

주택임대차에서 임차권의 대항력과 임차인 보호 제도를 연구했다.

The problem of housing is the most basic and important task the solve in the family life. These are certain to be solved when sufficient house are supplied However, that are impossible, considering the reality and then the system to protect tenants may as well be established as the after native plan to solve the housing problems. The phenomenon of shortage of residences was more depend due to the development of industries and centralization of population into the cities. accordingly, with industrial development and increase of urban population, almost housing shortage has become main social issue in Korea.

For almost half of whole people are living in lease housing in very inferior state, the protection law for housing lease was established in 1981 and was revised three times ensure tenant's right. While a lot of issues have happen despite enforcement of the law, there are unitary theory formed and no judical precedence accumulated, yet. The purpose of this is to analyze above contents. This study observed legislation cases of other countries on housing lease, and aimed at the main subject which is the important contents of residential lease protection law, and the opposing power which is much criticized, and the matter was reviewed within the real related thereto.

As the content of opposing power, the relation to the owner and the user was concretely reviewed, and especially, regarding the opposing power, the review was made case by case. in case of the above matter, the lessee who has no house should be protected, but the residential lease protection law not sufficient to protect the lease as desired. Under this premise this study was composed as following. Chapter Ⅰ : describe the purpose, scope and method of this study.

Chapter Ⅱ : deals with the overview of the right of resistance in house lease and described the traditional lease system of korea and the process of enactment of Korean laws also for its specification it and the scope of application by Residence Lease Protection Act. Chapter Ⅲ : This thesis is aimed at the main subject which is the important contents of residential lease protection law, and the opposing power which is much criticized, and the matter was reviewed within the realm related thereto. As the contents of opposing power, the relation to the owner and user was concretely review was made case by case. Chapter Ⅳ .

Finally, briefly the judgement to court and the proper ways of interpretation and development of the law of the protection of house lease.

목차 = ⅰ 第1章 序論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 範圍와 方法 = 2 第2章 住宅賃貸借保護法에 관한 理論的 考察 = 4 第1節 住宅賃貸借의 意義 = 4 第2節 住宅賃貸借保護法의 立法過程 = 7 1. 慣習上 傳貰制度 = 7 2. 慣習上 月貰制度 = 9 3. 現行 民法上 傳貰制度 = 10 4. 債權的 傳貰 = 11 5. 民法의 賃貸借制度 = 11 6. 住宅賃貸借保護法의 制定과 變遷 = 12 第3節 住宅賃貸借保護法의 性格 = 20 1. 特別法規性 = 20 2. 社會法規性 = 21 3. 强行法規性 = 22 4. 住宅賃借權의 物權化性 = 23 5. 民事訴訟法 및 不動産登記法의 特別法的 性格 = 25 第4節 住宅賃貸借保護法의 適用範圍 = 27 1. 槪觀 = 27 2. 物的範圍 = 28 3. 人的範圍 = 36 4. 時的範圍 (一時使用을 爲한 賃貸借) = 37 5. 未登記傳貰 (法 第12條) = 39 第3章 住宅賃借權의 對抗力 = 42 第1節 序說 = 42 1. 對抗力의 意義 = 42 2. 區別 槪念 = 45 3. 對抗力의 範圍 = 47 4. 對抗力의 競合 = 47 5. 對抗力의 效果 = 49 第2節 住宅賃借權의 對抗力에 關한 比較法的 考察 = 49 1. 槪觀 = 49 2. 獨逸 = 49 3. 佛蘭西 (프랑스) = 51 4. 瑞西 (스위스) = 52 5. 오스트리아 = 53 6. 美國 = 53 7. 自由中國 = 54 8. 日本 = 54 第3節 住宅賃借權의 對抗力에 對한 우리法制의 經過 = 55 1. 民法制定 前 = 55 2. 民法制定 後 = 55 3. 住宅賃貸借保護法의 制定 및 改正 = 56 第4節