주택임차인의 우선변제권과 임차보증금의 지급 - 대상 판결: 대법원 2017. 8. 29. 선고 2017다212194 판결 -

According to the Housing Lease Protection Act, when a tenant who concludes a lease contract with a house has completed the delivery of a house and resident registration, the lease shall take effect against any third party from the following day. In addition, the tenant who has met the above requirements and obtained the fixed date on the lease contract document has the right to receive the repayment of the deposit in preference to the subordinated title holder or other creditor in the converted price of the tenant house at the time of an auction conducted under the Civil Execution Act. However, the Housing Lease Protection Act does not require that the deposit be paid in full in addition to having requisites for setting up the lease against any third party and obtaining the fixed date on the lease contract document in order for the tenant to be granted the right to get the deposit back first. Therefore, even if the tenant paid a part of the deposit to the lessor and had requisites for setting up the lease against any third party and obtained the fixed date on the lease contract document and later paid the remaining deposit, unless the special conditions are met, he has the right to receive the repayment of the full deposit in preference to the subordinated title holder or other creditor, based on the time of having requisites for setting up the lease against any third party and obtaining the fixed date. This recognition and conclusion of the Supreme Court decision(2017Da212194) is in principle appropriate. However, in the case where the subordinate right holder is a succeeding tenant, as an exception, the right to receive the preferential repayment of the deposit should be granted to the succeeding tenant who completed the payment of the deposit first, in preference to the preceding tenant., based on the time when the payment of the deposit actually be completed.