Real estate is inseparable from human survival and an essential element for human life but its quantities are limited and everyone can't own whatever they want and as a result many people use others' real estate. As the society becomes industrialized, it has been increased to pursue great satisfaction through the use of others' real estate and let others use our own real estate and obtain a benefit in return from it as the utility just through the real estate that we own can't meet the goods for living and one of the systems to meet those needs is a lease contract.
A lot of poor and ordinary people who haven't purchasing power have been placed on a relatively precarious position in the relations of homeowners because of housing shortage resulted from explosive increase in the population, the cityward tendency of the population by industrialization, housing shortage due to various restrictions on the city, increased nuclear family, etc. and real estate problems such as sharp increase in real estate prices caused by increased demand for real estate have became social issues and as protection of disadvantaged lessees who lease houses or commercial buildings has emerged as a social problem, the government has enacted the Housing Lease Protection Law(Law No. 3379) to improve the legal status of lessees of house as a special law on March, 5 1981 and it has been revised several times to strengthen the protection system of lessees of house.
Especially in terms of real estate, the object of the lease right, it can be said that the need to protect lessees is more urgent than ever when the auction procedure began in execution procedures. In the procedure of real estate auction that is opposed sharply the interests of interested parties such as creditors, it should be the premise that there is social and economical request and its members should agree on that since strengthening the status of lessees of house sacrifices the interests of other secured parties and creditors and it is a matter of common knowledge that side effects has also been occurring to infringe on lawful interests of interested parties due to the appearance of illegal, fake lessee, etc. and therefore this study examined protection matters of disadvantaged lessees of house since it's everlasting task to protect disadvantaged lessees by mediating both side's interests.
In the first chapter, the objective, scope and method of the study were suggested.
In the second chapter, it has been studied on the Housing Lease Protection Law that enacts a civil law covering special cases and real estate auction system in compulsory execution procedures of civil execution law.
In the third chapter, in the issues of each matters, it has been analyzed and examined what status a lessee of house has as interested party of each stage in the process of real estate auction in each stage from the date of auction, successful bid, dividend, transfer of ownership, to transfer procedure and how the right of real estate lease affects on it.
In fourth chapter the opposing power, the priority right for payment, the top priority right for payment of small-sum housing lessees, the court's registration order of the lease, etc. that the lessees of house are able to exercise in the closing stage of real estate auction have been analyzed and how the right of real estate lease affects on them have been analyzed and examined by each matters.
Based on that in the fifth and sixth chapter, problems of the existing regulations on the status of lessees of house in such stages were examined and the study concluded, suggesting improvements and problems on that.
As mentioned above, legislations were suggested in regards to the problems on the legal status of the lessees of house. To strengthen the status of lessees of house in the procedure of real estate auction that shows conflicts of interested parties such as creditors, it should be the premise that the sacrifice of other secured party and creditors is based on social and economical requests and its members' agreement and institutional improvement plan such as real estate registration system and public notification method for lease deposit is needed and the study on that should be continued to mediate the both side's interests as it is a matter of common knowledge that side effects has also been occurring to infringe on lawful interests of interested parties due to the appearance of illegal, fake lessee, etc.