부동산임대차에 따른 비용상환청구권과 부속물매수청구권의 분쟁해소방안에 관한 연구

A Study on Plans for Dispute Resolution of the Claim Right to the Repayment of Costs and the Claim Right to Purchase Incidental Materials

1. CONTENTS (1) RESEARCH OBJECTIVES A Study on Plans for Dispute Resolution of the Claim Right to the Repayment of Costs and the Claim Right to Purchase Incidental Materials (2) RESEARCH METHODS This study has collected and analyzed the preceding cases of fraud crimes In connection with real estate transactions and referred to precedent papers, statistical data of criminal analysis, various materials announced in seminars and government policies. (3) RESEARCH FINDINGS The following is the comprehensive result of the said research. First, the Civil Law defines the required costs and benefit costs but it does not define the definition or concrete cases thereto. Accordingly, there is a need of collecting the data on the practice of leasehold and researching the issues thereto, and establish the concrete cases of required costs and benefit costs. Second, When determining the benefit costs, objective standard has to be established to have lessee to be entitled to exercise the claim right to return for unjust gain to a minimum if lessor or others used the equipment. Third, when the incidental property is the property to increase the objective value of the subject matter for lease even if lessee installed the subject matter property without the consent of lessor, the standard has to be established to the direction of imposing the obligation to return the unjust gain on lessor even if there is a stipulation to waive the claim right to cost repayment. Forth, the local governments have to establish the Dispute Resolution Commission to efficiently and effectively resolve the damage to lessee and the disputes arising thereto. And, fifth, as for the plan of dispute resolution, it has to solidify the contents of obligation to repair and obligation of maintenance, and the scope of minor repairing has to be determined to set forth the standard thereof. 2. RESULTS The Civil Law defines the required costs and benefit costs but it does not define the definition or concrete cases thereto. When determining the benefit costs, objective standard has to be established to have lessee to be entitled to exercise the claim right to return for unjust gain to a minimum if lessor or others used the equipment. The scope of minor repairing has to be determined to set forth the standard thereof.