임차권등기명령의 개선방향에 관한 연구

A trend of a leasehold interest on real property to be a real right is proceeding toward strengthening the position of tenants by Housing Lease Protection Act and Commercial Building Protection Act. The Lease Registration Command System that comes from the needs is introduced with the main purpose which guarantees of keeping their opposing power and the right of priority settlement of leaseholders who register the right of lease by the Lease Registration Command. However, the Lease Registration Command System isn't used frequently so this article suggests the way to improve the revitalization of this system and the effectiveness. First of all, when there is a taking over, the legislative improvement that can make a leaseholder apply the Lease Registration Command to a transferee regardless of lose of a leaseholder's opposing power is needed. Secondly, the Lease Registration Command should improve to be applied by a leaseholder during a period of lease ( on condition of conclusion of lease and refund of deposit ) under Civil Code Section 621 that the registration of lease can be applied during a period of existence. Thirdly, the legislative improvement that can make leaseholders who registered the lease apply an auction of the registration of lease when they didn't get back their deposit in spite of the end of lease is needed. The pursuit of the purpose of Lease Protection Act for protecting leaseholders as the social, economic weak through the improvement of the Lease Registration Command System is expected.