목차

제1장 서 론 ···································································································1
제1절 연구의 목적 ···············································································································1
제2절 연구의 방법과 범위·································································································2
제3절 논문의 구성···············································································································3
제2장 통일 후 북한주택 사유화의 입법방향 ······································5
제1절 통일 후 북한주택 사유화의 전제로서 지적통합의 문제 ·····························5
1. 접근방법 ····························································································································5
2. 남북한 지적제도의 특징································································································5
3. 남북한 지적제도의 통합에 있어서 고려요소 ··························································9
제2절 통일 후 북한지역에 소재한 주택의 사유화 문제 ·········································12
1. 접근방법 ··························································································································13
2. 비교법적 고찰················································································································14
(1) 동독지역의 주택사유화 ····················································································14
1) 구동독의 주택현황·······························································································14
2) 구동독의 주택정책·······························································································15
3) 동독지역 국유재산 사유화의 전담기관···························································17
가. 신탁청의 설립··································································································18
나. 신탁청의 업무··································································································20
4) 주택사유화 추진과정···························································································22
5) 주택사유화 지원제도···························································································25
가. 구 채무의 지원 ································································································25
① 구채무지원법의 제정배경 ·········································································26
② 구채무지원법의 구체적 내용 ···································································29
나. 주택보조금의 지원··························································································31
다. 세제 지원 ··········································································································31
(2) 러시아의 주택사유화······························································································33
1) 소비에트연방공화국 초기의 주택정책 ·····························································33
2) 소비에트연방공화국 해체 이후 러시아의 주택정책······································34
(3) 중국의 주택개혁 ····································································································39
1) 주택개혁 이전·······································································································39
2) 주택개혁 이후·······································································································41
(4) 체제전환국 등의 주택 사유화 조치에 대한 평가와 그 시사점 ····················43
1) 독일·························································································································43
2) 러시아 ·················································································································47
3) 중국 ·························································································································48
4) 주택사유화 전담기관의 설치문제·····································································50
가. 국유재산 총괄청 산하 공적 기관 설립방안··············································50
나. 위탁기관 중심의 단일화 방안 ······································································54
다. 검토 ····················································································································54
3. 북한주택의 사유화 과정에서의 고려요소와 사유화의 기본방향························55
(1) 사유화 과정에서의 고려요소 ················································································55
(2) 사유화의 기본방향과 주택소유권의 분급문제··················································59
제3장 현행「주택임대차보호법」의 규율태도와 문제점 ···············62
제1절 접근방법 ···················································································································62
제2절 「주택임대차보호법」의 변천과정 ·····································································64
1. 「주택임대차보호법」의 제정이유와 개정내용 ······················································64
(1) 「주택임대차보호법」의 제정이유와 주요내용················································64
(2) 1983. 12. 30. 「주택임대차보호법」의 개정이유와 주요내용·······················65
(3) 1989. 12. 30. 「주택임대차보호법」의 개정이유와 주요내용·······················66
(4) 1999. 01. 21. 「주택임대차보호법」의 개정이유와 주요내용·······················67
(5) 2001. 12. 29. 「주택임대차보호법」의 개정이유와 주요내용·······················69
(6) 2007. 08. 03. 「주택임대차보호법」의 개정이유와 주요내용·······················69
(7) 2009. 05. 08. 「주택임대차보호법」의 개정이유와 주요내용·······················70
(8) 2013. 08. 13. 「주택임대차보호법」의 개정이유와 주요내용·······················70
(9) 2016. 05. 29. 「주택임대차보호법」의 개정이유와 주요내용·······················71
2. 검토··································································································································73
제3절 「주택임대차보호법」의 적용범위 ·····································································74
1. 현행 「주택임대차보호법」의 규율태도 ··································································74
(1) 「주택임대차보호법」의 물적 적용대상····························································74
1) 주거용 건물···········································································································74
2) 건물의 전부 또는 일부·······················································································75
3) 겸용주택·················································································································76
4) 판례의 태도···········································································································76
(2) 「주택임대차보호법」의 인적 적용대상····························································78
1) 임대인의 자격·······································································································78
2) 임차인의 자격·······································································································80
2. 검토··································································································································81
(1) 물적 적용대상··········································································································81
(2) 인적 적용대상··········································································································82
제4절 주택임차인의 대항력·····························································································83
1. 대항력의 의의················································································································83
2. 대항력의 취득요건········································································································84
(1) 주택의 인도··············································································································85
(2) 임차인의 주민등록 ································································································87
3. 대항력이 발생하는 시기 ······························································································90
(1) 대항요건으로서 「주민등록법」상의 전입신고················································90
(2) 대항요건의 충족을 전제로 하는 우선변제적 효력··········································92
4. 대항력의 범위················································································································94
(1) 대항력 있는 임차인의 경우 ··················································································94
(2) 중간임차인의 경우··································································································96
(3) 대항력의 유지 여부································································································97
5. 검토··································································································································99
(1) 대항력의 취득시기와 관련한 법적 문제 ··························································101
(2) 다가구주택의 경우에 대항요건과 관련한 공시문제······································103
(3) 임차주택의 경매와 대항요건의 구비여부 ························································104
(4) 대항요건의 축소논의에 대한 평가 ····································································106
1) 비교법적 고찰·····································································································106
2) 주민등록 요건의 문제점과 개선방안 ·····························································111
가. 문제점 ··············································································································111
나. 폐지논의에 대한 평가··················································································113
다. 대항력의 취득이 곤란한 경우 ····································································115
제5절 주택임대차의 존속기간·······················································································116
1. 존속기간의 의의··········································································································116
2. 최단존속기간의 보장 ································································································117
3. 법정갱신························································································································119
4. 보증금 미반환 계약존속(법정존속기간) ·································································120
5. 검토································································································································120
제6절 차임규제 ·················································································································120
1. 차임증감청구의 요건··································································································120
2. 검토································································································································121
제7절 계약갱신·················································································································122
1. 계약갱신의 허용범위 ··································································································122
2. 검토································································································································123
제4장 통일 후 북한지역 주택임차인 보호와 관련한 입법방향 125
제1절 접근방법 ·················································································································125
제2절 북한주민의 주택이용 및 배분절차 ·······························································125
1. 북한의 주거유형과 주택형태 ··················································································125
2. 북한의 주택배분의 기준 ························································································128
3. 주택의 배정과 관리····································································································129
(1) 주택의 배정············································································································129
(2) 주택의 관리············································································································132
(3) 주택이용의 기본적 모습······················································································133
제3절 통일 후 북한주택에 임차인으로 거주하고 있는 북한주민의 보호방안··· 136
1. 문제의 소재 ··················································································································136
2. 적용범위 ······················································································································136
3. 대항력 ····························································································································137
4. 존속기간 ························································································································140
5. 차임규제 ························································································································142
6. 계약갱신························································································································144
7. 소유권의 원상회복에 따른 거주임차인의 보호····················································145
제5장 결 론 ······························································································150
참고문헌·····························································································································160