임대주택의 분양전환과 기존 임차인의 권리보호

초록

Conversion of rental housing to unit ownership perhaps brings substantial profits to the building owner, while often giving rise to completely reverse effects to others involved, including vulnerable customer-tenants who are unable or unwilling to purchase the apartments they occupy and are thus forced to find alternative accommodation. The conflict of interests needs a legislative or judiciary intervention, for each conversion reduces the available rental accommodation, thereby increasing the hardship of displaced tenants seeking comparable alternative accommodation to replace well-located, old, but nevertheless solid rental apartments that are the prime target for conversion, which can lead to serious sociological and psychological problems. There has been genuine pressure on the legislature to control conversion for the benefit of the public, hence mostly advanced legal systems, such the United States, South Africa, Germany and Austria, granting existing tenants a right of pre-emption on conversion of their rental apartments into sectional ownership as well as devising tenant protection through ex ipso transfer of existing landlords’ legal status to purchasers. The Korean Housing Lease Protection Act currently contains some drops of conversion control but needs to be improved in crucial matters. This article therefore puts forward several necessary legislative measures for efficient protection of tenants’ interests.

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