주택임차인의 최우선변제권에 대한 재조명

The Housing Lease Protective Law on March 05, 1981 was one of the most important laws for the lessees. However it is reality that the institutions which protect tenants drop auction price ratio and they are used as means of allocating because of pretense tenant. The pretense tenant is that a person who claims for a opposition power with fact that owner’s relatives or lineal ascendant and descendant move in the house in advance. He will affect risky factors for bidders. The pretense tenant who claims for the first priority discharge right with fact that he or she moves in the house just before auction will affect risky factors for creditors. For this analysis, this research categorized and investigated 136 apportionment exclusion application forms registered in the financial institutions during the past 10 years from 2005 to 2014. We will confirm the weight of small tenant and pretense tenant in the auction market. We will limit auction event to collective housing in the metropolitan area. This area means Seoul, Gyeonggi, Inchon’s distict. Also as a legal, we presented Supreme Court’s Precedents. In this study, we wish that real tenant will be protected and pretense tenant will be excluded. So we expect that the example which abuse the first priority discharge right will be exterminated. By extension, we expect that The Housing Lease Protective Act aim residential stabilization of common people.