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논문 기본 정보

저자정보
(Myongji University) (Myongji University)
저널정보
대한국토·도시계획학회 국토계획 國土計劃 第61卷 第5號(通卷 第293號)
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    초록·키워드

    Tenant opposability refers to the legal right that enables a tenant to assert both the duration of tenancy and the return of a security deposit, even against a subsequent property owner. Traditionally, tenant opposability has been viewed as a mechanism that promotes housing stability. However, in the housing auction market, the existence of tenant opposability may result in longer auction periods before a successful bid is secured and lower bid price ratios. In addition, whether a tenant holding this right files a claim for dividend distribution and whether the security deposit is fully reimbursed through the distribution process can significantly affect both auction duration and bid price ratios. Accordingly, this study comprehensively examined the effects of tenant opposability on auction outcomes and bid price ratios. The analysis considered not only the existence of opposability but also whether the tenant filed a claim for dividend distribution and whether the successful bidder assumed tenant-related obligations. The results indicate that the mere existence of tenant opposability negatively affected both auction duration and bid price ratios. In contrast, the effect was positive when a tenant with opposability filed a dividend claim and received full reimbursement of the security deposit. However, the effect remained negative when the tenant did not file a dividend claim or when a claim was filed but the security deposit was not fully reimbursed. These findings suggest that the impact of tenant opposability varies considerably depending on whether the tenant files a claim for distribution and whether the security deposit is fully reimbursed through that process. When a tenant is unable to recover the security deposit despite possessing this right, the role of tenant opposability as a safeguard for housing stability is weakened. The Special Act on Jeonse Fraud Victims also has gaps in addressing these specific circumstances, highlighting the need for legislative amendments. Furthermore, an evaluation system should be established to assess the difficulty of recovering security deposits, whether through the distribution process or from the successful bidder.

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