임차권등기말소에 대한 개선방안 검토

In recent years, housing prices have been falling rapidly. However, some rental deposits are close to 80% of the house price. In a situation where the real estate market is frozen, there may be a situation where the deposit cannot be returned to the tenant. The Housing Lease Protection Act already implements a leasehold registration order system for lessees. However, the current leasehold registration order system is not necessarily an advantageous system for the lessee. Arranging a plan to have the landlord prepare a deposit is also a way for the lessee to smoothly return the deposit in the end. In particular, if the lessor fails to return the deposit and the leasehold registration is entered in the register, the delivery of the building and the procedure for the return of the deposit are no longer a relationship between the lessor and the lessee. Therefore, in this paper, a solution was studied in a quick and mutually beneficial way by combining the repayment deposit procedure and the liberation deposit procedure. This benefits landlords and tenants, as well as the courts. This is because lessors can reduce the risk of losing ownership, lessees can secure deposits through simplified procedures without unnecessary additional legal procedures, and the number of cases in court can be reduced. Therefore, it is expected that mutual benefits will be achieved by revising the existing liberation deposit procedure and repayment deposit procedure.