주택임대차보호법 경매 관련 법률

주택임대차보호법 경매 관련 법률

제1조(목적)
이 법은 주거용 건물의 임대차에 관하여 민법에 대한 특례를 규정함으로써 국민 주거생활의 안정을 보장함을 목적으로 한다.

제2조(적용 범위)
이 법은 주거용 건물의 전부 또는 일부의 임대차에 관하여 적용한다. 그 임차주택의 일부가 주거 외의 목적으로 사용되는 경우에도 또한 같다.

제3조(대항력 등)
①임대차는 그 등기가 없는 경우에도 임차인이 주택의 인도와 주민등록을 마친 때에는 그 다음 날부터 제삼자에 대하여 효력이 생긴다. 이 경우 전입신고를 한 때에 주민등록이 된 것으로 본다.

②주택도시기금을 재원으로 하여 저소득층 무주택자에게 주거생활 안정을 목적으로 전세임대주택을 지원하는 법인이 주택을 임차한 후 지방자치단체의 장 또는 그 법인이 선정한 입주자가 그 주택을 인도받고 주민등록을 마쳤을 때에는 제1항을 준용한다. 이 경우 대항력이 인정되는 법인은 대통령령으로 정한다.

③중소기업 기본법에 따른 중소기업에 해당하는 법인이 소속 직원의 주거용으로 주택을 임차한 후 그 법인이 선정한 직원이 해당 주택을 인도받고 주민등록을 마쳤을 때에는 제1항을 준용한다. 임대차가 끝나기 전에 그 직원이 변경된 경우에는 그 법인이 선정한 새로운 직원이 주택을 인도받고 주민등록을 마친 다음 날부터 제삼자에 대하여 효력이 생긴다.

④임차주택의 양수인은 임대인의 지위를 승계한 것으로 본다.

제3조의2(보증금의 회수)
①임차인이 임차주택에 대하여 보증금반환청구소송의 확정판결이나 그 밖에 이에 준하는 집행권원에 따라서 경매를 신청하는 경우에는 집행개시 요건에 관한 민사집행법에도 불구하고 반대의무의 이행이나 이행의 제공을 집행개시의 요건으로 하지 아니한다.

②대항요건과 임대차계약증서상의 확정일자를 갖춘 임차인은 민사집행법에 따른 경매 또는 국세징수법에 따른 공매를 할 때에 임차주택의 환가대금에서 후순위권리자나 그 밖의 채권자보다 우선하여 보증금을 변제받을 권리가 있다.

③임차인은 임차주택을 양수인에게 인도하지 아니하면 제2항에 따른 보증금을 받을 수 없다.

제3조의3(임차권등기명령)
①임대차가 끝난 후 보증금이 반환되지 아니한 경우 임차인은 임차주택의 소재지를 관할하는 지방법원 · 지방법원지원 또는 시 · 군 법원에 임차권등기명령을 신청할 수 있다.

②임차권등기명령의 신청서에는 다음 각 호의 사항을 적어야 하며, 신청의 이유와 임차권등기의 원인이 된 사실을 소명하여야 한다. 1.신청의 취지 및 이유 2.임대차의 목적인 주택 3.임차권등기의 원인이 된 사실 4.그 밖에 대법원규칙으로 정하는 사항

④임차권등기명령의 신청을 기각하는 결정에 대하여 임차인은 항고할 수 있다.

⑤임차인은 임차권등기명령의 집행에 따른 임차권등기를 마치면 대항력과 우선변제권을 취득한다. 다만, 임차인이 임차권등기 이전에 이미 대항력이나 우선변제권을 취득한 경우에는 그 대항력이나 우선변제권은 그대로 유지되며, 임차권등기 이후에는 대항요건을 상실하더라도 이미 취득한 대항력이나 우선변제권을 상실하지 아니한다.

⑥임차권등기명령의 집행에 따른 임차권등기가 끝난 주택을 그 이후에 임차한 임차인은 우선변제를 받을 권리가 없다.

⑧임차인은 임차권등기명령의 신청과 그에 따른 임차권등기와 관련하여 든 비용을 임대인에게 청구할 수 있다.

제3조의5(경매에 의한 임차권의 소멸)
임차권은 임차주택에 대하여 민사집행법에 따른 경매가 행하여진 경우에는 그 임차주택의 경락에 따라 소멸한다. 다만, 보증금이 모두 변제되지 아니한, 대항력이 있는 임차권은 그러하지 아니하다.

제3조의6(확정일자 부여 및 임대차 정보제공 등)
①확정일자는 주택 소재지의 읍 · 면사무소, 동 주민센터 또는 시의 출장소, 지방법원 및 그 지원과 등기소 또는 공증인법에 따른 공증인이 부여한다.

②확정일자부여기관은 해당 주택의 소재지, 확정일자 부여일, 차임 및 보증금 등을 기재한 확정일자부를 작성하여야 한다. 이 경우 전산처리정보조직을 이용할 수 있다.

③주택의 임대차에 이해관계가 있는 자는 확정일자부여기관에 해당 주택의 확정일자 부여일, 차임 및 보증금 등 정보의 제공을 요청할 수 있다. 이 경우 요청을 받은 확정일자부여기관은 정당한 사유 없이 이를 거부할 수 없다.

④임대차계약을 체결하려는 자는 임대인의 동의를 받아 확정일자부여기관에 정보제공을 요청할 수 있다.

제4조(임대차기간 등)
①기간을 정하지 아니하거나 2년 미만으로 정한 임대차는 그 기간을 2년으로 본다. 다만, 임차인은 2년 미만으로 정한 기간이 유효함을 주장할 수 있다. ②임대차기간이 끝난 경우에도 임차인이 보증금을 반환받을 때까지는 임대차관계가 존속되는 것으로 본다.

제6조(계약의 갱신)
①임대인이 임대차기간이 끝나기 6개월 전부터 1개월 전까지의 기간에 임차인에게 갱신거절의 통지를 하지 아니하거나 계약조건을 변경하지 아니하면 갱신하지 아니한다는 뜻의 통지를 하지 아니한 경우에는 그 기간이 끝난 때에 전 임대차와 동일한 조건으로 다시 임대차한 것으로 본다. 임차인이 임대차기간이 끝나기 1개월 전까지 통지하지 아니한 경우에도 또한 같다. ②제1항의 경우 임대차의 존속기간은 2년으로 본다. ③2기의 차임액에 달하도록 연체하거나 임차인으로서의 의무를 현저히 위반한 임차인에 대하여는 제1항을 적용하지 아니한다.

제6조의2(묵시적 갱신의 경우 계약의 해지)
①계약이 갱신된 경우 임차인은 언제든지 임대인에게 계약해지를 통지할 수 있다. ②제1항에 따른 해지는 임대인이 그 통지를 받은 날부터 3개월이 지나면 그 효력이 발생한다.

제7조(차임 등의 증감청구권)
당사자는 약정한 차임이나 보증금이 임차주택에 관한 조세, 공과금, 그 밖의 부담의 증감이나 경제사정의 변동으로 인하여 적절하지 아니하게 된 때에는 장래에 대하여 그 증감을 청구할 수 있다. 다만, 증액의 경우에는 대통령령으로 정하는 기준에 따른 비율을 초과하지 못한다.

제7조의2(월차임 전환 시 산정률의 제한)
보증금의 전부 또는 일부를 월 단위의 차임으로 전환하는 경우에는 그 전환되는 금액에 다음 각 호 중 낮은 비율을 곱한 월차임의 범위를 초과할 수 없다.

제8조(보증금 중 일정액의 보호)
①임차인은 보증금 중 일정액을 다른 담보물권자 보다 우선하여 변제받을 권리가 있다. 이 경우 임차인은 주택에 대한 경매 신청의 등기 전에 제3조 제1항의 요건을 갖추어야 한다. ③제1항에 따라 우선변제를 받을 임차인 및 보증금 중 일정액의 범위와 기준은 제8조의2에 따른 주택임대차위원회의 심의를 거쳐 대통령령으로 정한다. 다만, 보증금 중 일정액의 범위와 기준은 주택가액(대지의 가액을 포함한다)의 2분의 1을 넘지 못한다.

제9조(주택 임차권의 승계)
①임차인이 상속인 없이 사망한 경우에는 그 주택에서 가정공동생활을 하던 사실상의 혼인 관계에 있는 자가 임차인의 권리와 의무를 승계한다. ②임차인이 사망한 때에 사망 당시 상속인이 그 주택에서 가정공동생활을 하고 있지 아니한 경우에는 그 주택에서 가정공동생활을 하던 사실상의 혼인 관계에 있는 자와 2촌 이내의 친족이 공동으로 임차인의 권리와 의무를 승계한다. ③임차인이 사망한 후 1개월 이내에 임대인에게 승계 대상자가 반대의사를 표시한 경우에는 그러하지 아니하다. ④임대차 관계에서 생긴 채권 · 채무는 임차인의 권리의무를 승계한 자에게 귀속된다.

제10조(강행규정)
이 법에 위반된 약정으로서 임차인에게 불리한 것은 그 효력이 없다.

 

Article 1 (Purpose)
The purpose of this Act is to ensure the stability of the residential life of the people by prescribing special cases for the civil law regarding the lease of residential buildings.

Article 2 (Scope of application)
This Act applies to leases in whole or in part of residential buildings. The same shall also apply where part of the leased house is used for purposes other than housing.

Article 3 (Counterforce, etc.)
①Even if there is no registration, the lease becomes effective against a third party from the following day when the lessee completes the delivery of the house and resident registration. In such cases, it shall be deemed that the resident registration was made at the time of the transfer report.

②Paragraph (1) shall apply mutatis mutandis when a corporation that supports rental housing for the purpose of stabilizing residential life to low-income homeless people using the Housing and Urban Fund as a source of funds rents a house and completes resident registration. In this case, a corporation whose opposing power is recognized shall be prescribed by Presidential Decree.

③Paragraph (1) shall apply mutatis mutandis where a corporation falling under the Framework Act on Small and Medium Enterprises rents a house for the residence of its employees and an employee selected by the corporation completes resident registration after receiving the delivery of the house. If the employee is changed before the end of the lease, the new employee selected by the corporation shall become effective against a third party from the day after the resident registration is completed.

④The transferee of the leased house is deemed to have succeeded to the status of the lessor.

Article 3-2 (Collection of Security Deposit)
①In the case where a lessee applies for an auction according to a final judgment of a lawsuit for the return of deposit or other equivalent enforcement authority for a leased house, the performance of opposition obligations or provision of performance is not a requirement for the commencement of execution.

②A tenant with counter requirements and a fixed date on the lease agreement has the right to reimburse the deposit in preference to subordinate rights or other creditors in the exchange rate of the rental house when auctioning under the Civil Execution Act or short selling under the National Tax Collection Act.

③A lessee shall not receive a deposit under paragraph (2) unless the leased house is delivered to the transferee.

Article 3-3 (Registration Order of Lease Right)
①If the deposit is not returned after the lease is completed, the lessee may apply for a lease registration order to the district court or district court supporting the location of the leased house or to the city or county court.

②The following matters shall be written down in the application for the lease registration order, and the reasons for the application and the facts that caused the lease registration shall be explained. 1. Purpose and reason of application 2. Housing for the purpose of lease 3. Facts that caused the registration of lease rights 4. Other matters prescribed by the Supreme Court Rules

④The lessee may appeal against the decision to dismiss the application for the lease registration order.

⑤When the tenant completes the registration of the lease right following the execution of the lease right registration order, he/she acquires opposing power and preferential repayment right. However, if the lessee has already acquired the counterpower or priority reimbursement right before the lease registration, the counterpower or priority reimbursement right will remain the same, and even if the counter requirements are lost after the lease registration, the already acquired counterpower or priority reimbursement right will not be lost.

⑥A tenant who has leased a house whose lease right has been registered following the execution of the lease right registration order after that does not have the right to receive preferential repayment.

⑧The lessee may claim expenses incurred in relation to the application for a lease registration order and the subsequent lease registration to the lessor.

Article 3-5 (Extinction of Lease Right by Auction)
When an auction is made under the Civil Execution Act for a leased house, the lease right shall be extinguished according to the successful bid of the leased house. However, this is not the case for lease rights with opposing power, where all of the deposit has not been reimbursed.

Article 3-6 (Assignment of a fixed date and provision of lease information, etc.)
①The fixed date shall be granted by a notary under the Eup/Myeon Office, Dong Community Center or City Branch Office, the District Court, and its support and registration office or notary under the Notary Act.

②The institution that grants the fixed date shall prepare a fixed date book stating the location of the relevant house, the date of granting the fixed date, rent, deposit, etc. In such cases, a computerized processing information organization may be used.

③A person who has an interest in the lease of a house may request an institution that grants a fixed date to provide information, such as the date of granting the fixed date of the house, rent, and deposit. In such cases, the agency that has received the request for a fixed date shall not refuse it without justifiable grounds.

④A person who intends to enter into a lease contract may request an institution giving a fixed date to provide information with the consent of the lessor.

Article 4 (Leasing Period, etc.)
①For leases that do not set a period or less than two years, the period shall be regarded as two years. However, the lessee can claim that the period set for less than two years is valid. ②Even when the lease period is over, the lease relationship is deemed to survive until the tenant receives the refund of the deposit.

Article 6 (Renewal of Contract)
①If the lessor fails to notify the lessee of refusal of renewal or not to renew unless the terms of the contract are changed in the period from six months before the end of the lease period to one month before the end of the lease period, it shall be deemed to have been leased again under the same conditions as the previous lease. The same shall also apply where the lessee does not notify one month before the end of the lease period. ②In the case of paragraph (1), the duration of the lease shall be two years. ③Paragraph (1) shall not apply to tenants who are overdue to reach the second period of rent or who have significantly violated their obligations as tenants.

Article 6-2 (Termination of contract in case of implied renewal)
①If the contract is renewed, the lessee may notify the lessor of the termination of the contract at any time. ②Termination under paragraph (1) shall take effect three months after the lessor receives the notification.

Article 7 (Right to claim an increase or decrease in rent, etc.)
If the agreed rent or deposit becomes inappropriate due to an increase or decrease in taxes, utility bills, or other burdens on rental housing or changes in economic conditions, the parties may request an increase or decrease in the future. However, in the case of an increase, the ratio according to the standards prescribed by Presidential Decree cannot be exceeded.

Article 7-2 (Restriction on the calculation rate at the time of conversion of monthly rent)
Where all or part of the deposit is converted into monthly rent, it shall not exceed the scope of monthly rent obtained by multiplying the converted amount by the lower of the following subparagraphs:

Article 8 (Protection of a certain amount of deposit)
①The lessee has the right to reimburse a certain amount of the deposit in preference to other security real rights holders. In this case, the lessee must meet the requirements of Article 3 (1) before registering an auction application for a house. ③The scope and standards of a certain amount among tenants and deposits to be preferentially reimbursed pursuant to paragraph (1) shall be prescribed by Presidential Decree after deliberation by the Housing Lease Committee under Article 8-2. However, the range and standard of a certain amount of deposit do not exceed 1/2 of the housing price (including the value of the land).

Article 9 (Succession of the right to lease a house)
①If the lessee dies without an heir, the lessee's rights and obligations are succeeded by a person in a de facto marital relationship who served as a co-worker in the house. ②If the heir is not living in the house at the time of death at the time of death, the tenant's rights and obligations are jointly inherited by a person in a de facto marriage who was living in the house. ③This is not the case if the person subject to succession expresses opposition to the lessor within one month after the lessee's death. ④Claims and debts arising from the lease relationship belong to the person who succeeded the tenant's rights and obligations.

Article 10 (Procedural Provisions)
Any agreement that violates this Act and is disadvantageous to the lessee has no effect.