부동산 임대차에 있어서 자력구제

Real estate such as land and buildings is indispensable for human beings to live. Moreover under the circumstances that land area is limited, the majority of the people are concentrated in big cities, we must note the point that the value of using is greater than the value of ownership. In other words, real estate constitutes the foundation of the lessee’ lives and in this sense, real estate lease ensuring the use of real estate in modern society has a vital significance. However, when the lease was terminated, the lessee should restore possession to the owner. If the lessee does not cooperate in restoration of possession, the lessor shall have the remedies. These Remedies greatly can be divided into two ways: public and private remedy. But the public remedy such as trial procedure cause waste of time and money to the lessor, so it may be insufficient to protect the rights of the lessor side. Therefore, in order to make the effective protection of the rights of property owners, self-help as a way to private remedy should be recognized. Historically, self-help has been regarded as the recourse for injured parties when no courts are available that will accept jurisdiction. So, judicial precedent and most scholars often place stricter limits on repossession of certain rights and on eviction of lessee. And in some cases, the lessor who resort to self help in such situations are prone to tort liability. Therefore, this article will be reviewed against specific requirements of validity on self-help. Also, considering the particularities of real estate lease, the necessity of self-help have reviewed to evaluate.