경매에 있어서의 소액임차인의 악용에 따른 문제점과 개선방안 - 주임법 제8조 개정을 중심으로 -

The Housing Lease Protection Act is enacted and implemented for residential stability of tenants and recollection of deposit money approving the special case of Civil Law in housing lease. The main contents include the countervailing requirement that the tenant, when finished delivery and resident registration, can countervail against the 3rd party from the next day though with no registration. In addition, the residential stability of tenants and recollection of deposit money are guaranteed by allowing even implementation of seniority in case of the fixed date prepared on the Lease Agreement. Also to protect small sum tenants, the social disadvantaged, a systematical device of small sum guaranty money was prepared to allow collecting a fixed money within the fixed range of guaranty money earlier than other creditors. Requirements of this small sum guaranty money collection are delivery before auction application and the countervailing requirement of transfer of resident registration. If those requirements are satisfied, a fixed sum of guaranty money is protected. This small sum tenants protection system was on the purpose of securing the minimum residential space of small sum tenants centering around the guaranty money as the house lease was used mostly as charter at the early stage of implementation. However, many cases of small sum tenants were false that leaseholders or brokers, who are debtors, abuse them rather than protecting small sum tenants, and the value of house lowered. Accordingly, small sum tenants with excessive liabilities appeared a lot and conflicts from fraudulent behavior became a social issue. This cases of frequent abuse increased the application for dividend exclusion through creditor's or the interested party' dividend profit in auction, and in the end rapidly increased lawsuit case that is not proper for the purpose of small sum tenant system. In reality, this abuse frequently disadvantages the prior rightful claimant, the successful bidder in auction or the interested party. In spite of these abuse cases, a systematical backup should be to improve the abuse cases appearing so far in maintaining the current small sum tenant system. As a plan of improvement, Article 8, Item 1 of the Housing Lease Protection Act should first be revised.