주택 전세사고 예방을 위한 법·제도 개선방안 연구

Abstract

Recently, more and more tenants with lease contracts are not able to get their deposit back, making it a social problem. This study is a study on the improvement of laws and systems to prevent damage that cannot be returned by such housing tenants. First, a lease contract is signed for real estate for residential purposes, including so-called “rental fraud”, and any case in which the return of part or all of the deposit is delayed or not received at the time the contract is terminated is defined as a “rental accident”. In order to prevent such a lease accident, the tenant's attention is essential, but if you look at the measures to improve the law and system excluding this, it can be summarized as follows. First, it is necessary to increase the absolute sentence for “rental fraud” that intentionally defrauds the tenant's deposit. It is necessary to set the sentence based on the victim's unrecovered damage. Next, if there is a senior restriction right, it is necessary to lower the guarantee limit of the lease deposit return guarantee to 90% rather than 100% in order to list the scope of the small tenant's preferential repayment in the contract and confirmation manual. In particular, in the case of trust real estate, in order to prevent lease accidents caused by not checking the trust register, it is necessary to prevent damage to tenants by making it mandatory to check the trust register and confirm the parties to the lease contract.