住宅賃貸借保護法에 관한 硏究

취득세에서 부동산 취득 개념과 과세 기준을 연구했다.

Today it has become inevitable to borrow and make useof other's dwelling house, by the rapidly increasing population, the notable flow of people into area, narrow country, and the Industrialization. Therefore it is required a proper solution for the houseless persons. Accordingly, the housing Lease protection Act which was established on March 1981, and amended on December 1983 has the purpose that ensures the stability ofcitizen's residential life by the stipulation of the special rule against the civil code pertaining to a house lease. However, There are some problems that need to be supplemented to properly meet its original purpose.

The clnain contents of this study and the orientation of the amendment as follows: 1.In the scope of application this Act not only those house for dwelling, but also those commercial Building and office room owened by the Small-Scale merchant should be included as the object of protection. 2.This Act allows a lessee the power of Antagonism when he occupy the house-held houses and register his residence. But the gap is left between the possession of it and the resident registration, So I think a lessee should be allowed opposing power as soon as he takes possession of it.

3.The scope of the small Sun guarantee money should be adjusted realistically considery the current social and economical enwironment's thus streng thening the lessee's right to preferential repayment. 4.A lessee can lease the house at least more than one year in other to protect a lessee ctuually, I think adjustment of lease. Cancellation by the lessor should be limited by the authority. To detail upon that it's required for a lessor to release the lease or rufuse the change of cease terms, only when he has rightful couse for it. 5.The rent should be controlled but protected only the lease house within the confined limite.

Concerning the rent of luxurious house, it should be desirable that it leaves in the condut of an affair to the principle of free contract. Accordy to the regional characteristic, the way of control should be partial. 6. This Act has the article that prohibits. Lease price increase up to 5% for one year but does not have actual effects, In this regard, Rather than providiry for a uniform 5% upper limit the lease control should be adjusted flexibly and elastically in consideration of the economic development or the special conditions of the relevant region so as not to inflict lessees on the lessors. 7.

The protection Act should be applied to the case that the spouse, who has neither listed in the census nor registered in the resident's record. The protection Act also should became effective in applying its force not only to above conditioned spouse but also his or her portens-in-law, and his or her next skins including those who related by adoption.

목차 第1章 序論 = 1 I. 硏究의 目的 = 1 II. 硏究의 範圍와 方法 = 2 第2章 住宅賃借權의 基本的 考察 = 4 I. 住宅賃借權의 本質 = 4 1. 住宅賃借權의 物權化性 = 4 2. 住宅賃借權의 社會化惟 = 5 II. 住宅賃貸借의 類型 = 6 1. 序說 = 6 2. 借賃의 支給方法에 의한 分類 = 6 (가) 住宅債權的 傳買 = 6 (나) 住宅保證金賃貸借 = 7 (다) 住宅借賃先支給賃貸借 = 7 (라) 住宅借賃月支給賃貸借 = 8 3. 賃貸借의 實體에 따른 分類 = 8 (가) 독채 傳貰 = 8 (나) 一部 傳貰 = 8 4. 賃貸借期間에 의한 分類 = 8 (가) 一般의 賃貸借 = 8 (나) 一時 賃貸借 = 8 III. 우리나라의 傳貰制度 = 9 IV. 住宅賃貸借保護를 위한 立法 = 11 第3章 外國의 住宅賃貸借制度 = 14 I. 獨逸 = 14 1. 住宅賃貸借制度의 沿革 = 14 2. 住宅賃借權의 適用範圍 = 15 3. 住宅賃借權의 對抗力 = 15 4. 住宅賃借權의 存續期間 = 16 5. 借貸의 統制 = 18 6. 住宅賃借權의 承繼 = 18 II. 영국 = 19 1. 住宅賃借權의 沿革 = 19 2. 住宅賃借權의 適用期間 = 20 3. 住宅賃借權의 存續期間 = 20 4. 住宅賃借權의 統懼 = 20 5. 住宅賃借權의 承繼 = 21 III. 日本 = 22 1. 住宅貴借權의 沿革 = 22 2. 住초賃借權의 適用範圍 = 23 3. 住宅賃借權의 對抗力 = 24 4. 住宅賃借權의 存續期間 = 24 5. 住宅賃借權의 統制 = 25 6. 住宅賃借權의 承繼 = 25 第4章 住宅賃貸借保護法의 問題點과 改善方向 = 27 I.