‘채권적 전세’의 본질과 ‘전세보증금’의 기능 및 역할

Abstract

An unregistered lease is a lease that has not been registered even though there is a lease agreement. This is a widely used method of real estate rights. Usually, a ‘cheonse’ is a property right under the Civil Code, which requires an agreement to establish a cheonse and payment of a ‘cheonse’. Then, based on ‘property right legalism’, the ‘cheonse’ is registered and has the effect of a property right under civil law. However, in the absence of registration, the ‘cheonse’ is only a bond with the agreement of the parties. Therefore, the status of an unregistered ‘cheonse’ is promise. ‘The Residential Tenancy Protection Act’ applies to unregistered leases to protect the status of unregistered ‘cheonse’. However, unregistered ‘cheonse’ are still economically unstable. And there is still legal instability. This has recently become a problem with “empty can cheonse” or “cheonse scams”. We will look at how to ensure legal stability based on the nature of unregistered ‘cheonse’, and how to ensure economic stability based on the role and function of security deposits for unregistered ‘cheonse’.