Tenant opposability refers to the legal right that allows a tenant to claim both their tenancy period and the return of their security deposit even against a new property owner.
Traditionally, such opposability has been regarded as a mechanism that ensures housing stability for tenants. However, in the housing auction market, the presence of tenant opposability may lead to a longer auction duration to win the bid and a lower bid price ratio.
Furthermore, whether a tenant with the right files a claim for dividend distribution and whether the deposit is fully reimbursed through the distribution process can significantly influence both the auction duration and the bid price ratio.
Accordingly, this study aims to comprehensively analyze the effects of tenant opposability on auction outcomes and bid price ratios. This analysis incorporates not only the presence of opposability but also the tenant’s claim for dividend distribution and the successful bidder’s assumption of tenant-related obligations.
The analysis results indicate that the mere existence of opposability had negatively influence both the auction duration and the bid price ratio.
In contrast, it exerted a positive influence when the tenant with opposability claimed for dividend and reimbursed their deposit in full.. However, the influence was negative when the tenant did not file for a claim for dividend or when the claim was filed but the deposit was not fully reimbursed.
These findings suggest that the effect of the tenant opposability vary substantially depending on the tenant’s dividend claim and the outcome of deposit reimbursement.
If a situation arises where the security deposit cannot be recovered despite possessing this right, it undermines the function of the tenant opposability as a tool for ensuring housing stability.
The Special Act on Jeonse Fraud Victims also has limitations in addressing these detailed issues, Therefore, an amendment is necessary. i. Moreover, an assessment system should be established to evaluate the degree of difficulty inof deposit reimbursement, either through the distribution process or via the new landlord.