Earticle

초록

영어

The three basic necessities for human are clothing, food, and shelter. The commercial building and housing is said to be the most fundamental and intrinsic factor serving as the foundation for establishing a human social living. This thesis is a study of the legal settlement to make an approach for the commercial building lease protection act and the housing lease protection law system. The housing lease protection act was established in March 1981.
It was enacted in the form of a special law to guarantee the stability of residential life, especially for those homeless citizens who can't afford to buy their own house.
The commercial building lease protection act was established in December 29, 2001, in order to stabilize citizens' lives by protecting lessees.
The homeless must lease other's house to and commercial building for their steady house life and business. The commercial building lease protection act shall apply for business purposes. This acts allows a lessee who have the power of antagonism when he occupy the house and building.
I think that a lessee should be allowed opposing power as soon as he takes possession of it. In the application this law not only those house for dwelling but also those commercial store possessed by the destitution person should be included as the object of protection.
The homeless must lease a house to protect themselves and their families day and night. Busnessmen lease a commercial building for them to provide good life for their family.
The housing and commercial lease protection act has problems to be regulated. The commercial building lease protection act limits the sphere of application the amount of the deposit money. For example, in Jeon Ju city, the limit is 150,000,000 won and Seoul city, the limit is 260,000,000 won.
So I hope that this study will resolve the dispute between the contracting parties. And that this study may protect their rights to lease.

목차

I. 들어가는 말
 II. 주택-상가건물임대차보호법개관
  1. 임차권의 물권화
  2. 주택-상가건물임대차보호법의 적용범위
 III. 주택-상가건물임대차보호법상 임차인의 대항력
  1. 주택-상가건물임대차보호법의 대항력
  2. 상가건물임대차보호법의 대항력
 IV. 임대인과 임차인의 지위와 상사유치권
  1. 주택임대차보호법상 권리와 의무
  2. 상가건물임대차보호법상 계약갱신
  3. 상가건물임대차보호법상 임차료와 임차권등기명령
  4. 상사유치권
 V. 임차인의 우선변제권과 권리금
  1. 주택임대차보호법상 우선변제권과 최우선변제권
  2. 상가건물임대차보호법상 우선변제권과 최우선변제권
  3. 가장임차인
  4. 조세채권
  5. 상가권리금
 VI. 맺음말
 참고문헌
 ABSTRACT

키워드

저자

• 김대규 [ Kim, Dae-Kyu | 서남대학교 법학과 조교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340