임차권 사전등기 법제화의 정당성과 한계 연구: 전세사기·깡통전세 피해구제 및 사전예방 관점에서

· Research topics: This study examines the justification and limits of legislating a “pre-registration of tenants’ leasehold interests” on the real estate register at the contract stage to prevent jeonse fraud and “underwater jeonse”, and proposes a concrete legislative design. · Research background: Even after the enactment of the Special Act for jeonse-fraud victims, the number of recognized victims has continued to accumulate (34,481 cases as of November 2025) and recovery through foreclosure/auction remains limited, revealing the shortcomings of a predominantly post-remedy framework. Current tenant protections—opposability through delivery and resident registration, preferential repayment via a fixed date, and tenant registration orders—tend to operate after contract formation (or after termination), and the fragmented disclosure system makes it difficult to reduce information asymmetry at the contracting stage. · Differences from prior research: While prior research has largely focused on typologies of fraud and post-event remedies, this study advances an integrated model of preventive disclosure through the registration system, explicitly balancing tenant protection with transactional security and the protection of junior (later-ranking) stakeholders. · Research method: The study analyzes the structural mechanisms of jeonse fraud (e.g., layered leases, excessive senior security interests, and nominee/borrowed-name schemes) and conducts a systematic doctrinal analysis of the relevant legal frameworks (Housing Lease Protection Act, Civil Act, Real Estate Registration Act, and the tenancy-reporting regime) to design a combined model integrating substance–procedure–data. · Research results: The most stable model is to (i) establish a landlord’s duty to cooperate and a tenant’s unilateral application right under the Housing Lease Protection Act, (ii) operationalize notice–objection and correction/cancellation procedures within the Real Estate Registration Act, and (iii) link tenancy-reporting data to registration for authenticity verification and pre-filled entry to reduce errors. The recommended effect structure is two-tiered: immediate risk signaling through public notice upon registration, and conditional, limited priority preservation once statutory opposability requirements are satisfied. · Contribution points and expected effects: By reducing information asymmetry at the contract stage, the model is expected to shrink fraud opportunity structures and strengthen early-warning functions for guaranty/insurance and lending screening. At the same time, it proposes safeguards—minimizing disclosed items, easing cost burdens, controlling false applications through integrated evidence, and embedding notice–objection procedures—to manage potential side effects.