2024-04-24 09:03:16
Discussion held on ‘Achievements and tasks of support for victims of lease fraud’ by Ministry of Land, Infrastructure and Transport
“We receive 400 to 500 damage reports every week… “36,000 people in May next year.”
“If the value of the bond falls short of the highest priority payment, the government’s net spending”
HUG “Insufficient budget and manpower to carry out work… “Need support”
While the opposition party is pushing for a revision to the Special Act on Support for Jeonse Fraud, which would introduce a so-called ‘first relief and later recovery’ plan in which victims of jeonse fraud are supported with damages first and the government recovers the costs later, the government It was estimated that nearly trillion won would be required.
Lee Jang-won, head of the damage support division of the Ministry of Land, Infrastructure and Transport’s Jeonse Fraud Victim Support Group, attended as a discussant at the ‘Discussion on Achievements and Challenges of Jeonse Fraud Victim Support’ held at the Seoul Regional Headquarters of Korea Land and Housing Corporation (LH) in Gangnam-gu, Seoul on the morning of the 24th and said, “Current trends. “If things go as planned, the number of victims will increase to 36,000 by May next year,” he said. “If you multiply the average deposit of 140 million won, the cost comes out to close to 5 trillion won.”
This is not the valuation of the rental deposit return bond, but the simple deposit sum, and Manager Lee added the proviso, “It was an estimate based on assumptions based on data from about 15,000 people who were recognized as victims of jeonse fraud.”
The preemptive regret plan refers to a bond purchasing agency such as the Housing and Urban Guarantee Corporation (HUG) preferentially paying the rental deposit return bond sale price to victims of jeonse fraud and paying the input cost as the cost of selling the damaged house with a preferential purchase right and preferential repayment right. This is a method of recovering .
The opposition party, which won a majority of seats in the April 10 general election, plans to push for the revision of the ‘Special Act on Support for Victims of Deposit Fraud and Housing Stability’, which aims to introduce a first-come-first-served regret system within the term of the 21st National Assembly. The special law was passed by the National Assembly last year and went into effect on June 1. It is a temporary law for two years.
Regarding the revision of the law, the Ministry of Land, Infrastructure and Transport, which is the competent ministry, is concerned that trillions of won in taxpayers’ money will be invested and it will be difficult to recover a significant amount. On the other hand, the ‘Civil Society Countermeasures Committee to Resolve the Problem of Jeonse Fraud and Tin Lease’ estimates that up to 585 billion won will be spent the previous day and is urging the revision of the special law.
Manager Lee expressed his opposition, saying, “It is impossible to predict how much the (damaged house) will be sold for when it goes up for auction, and it is difficult to understand all debt relationships, including provisional seizure,” and “recovery is also difficult.”
He said, “Similar items keep coming up in the auction and public auction markets, but the recovery rate is not high, as the recovery rate was in the 10% range last year.” He added, “It is impossible to know how much the recovery rate will drop in 3 to 5 years as the proportion of successful bids has also decreased. “It is clear that a large amount of finance will be invested,” he emphasized.
Kim Gyu-cheol, head of the Housing and Land Office of the Ministry of Land, Infrastructure and Transport, also said in his greeting on the day, “Recently, many new proposals have been made in relation to jeonse fraud, such as the ‘preemption system regret number’, and there are issues in the process of being legislated. What is worrisome is that these alternatives are being reviewed from various angles. “It’s good to have it, but we need to gather enough opinions to see if it will be a viable means,” he said.
The Korea Research Institute for Human Settlements, which hosted the debate on this day, pointed out that the government’s net financial expenditure will increase depending on the purchase price of rental deposit refund bonds for the preemption system, which will increase the burden.
Presenter Seongjin Yoon, an associate research fellow at the Korea Research Institute for Human Settlements, said, “When determining the purchase price, the expected successful bid price, auction costs, and senior claims will be taken into consideration when evaluating the value. However, if the value of the rental deposit return claim falls short of the highest priority repayment amount, the government’s net expenditure will occur. “I will do it,” he said.
This means that if the valuation for purchasing bonds for houses damaged by lease fraud is too low, it will be difficult to recover even if the damaged houses are sold, and net expenses will accumulate.
If the rental deposit return bond is assumed to be a victim of a rental fraud with a rental deposit of 100 million won and the valuation price is 80 million won and it is higher than the highest priority payment (55 million won), a bond purchasing agency such as HUG will purchase it for 80 million won. However, if the valuation price is set at 20 million won and is lower than the highest priority payment, the government must pay an additional 35 million won.
Deputy Research Fellow Yoon said, “Those in favor of the (preemptive relief system) believe that it will be an effective support measure for subordinate victims who do not receive any refunds of their deposits, while those opposing it believe that it increases the tax burden and has problems with fairness and management,” adding, “The number of victims and application of “It varies depending on the period, etc.,” he said.
At the same time, he suggested that careful policy design is needed as the number of victims and budget may vary depending on the rental deposit refund purchase period and type of victim. In particular, it was pointed out that the provision on the lower limit of the purchase price in the special law amendment was unclear and needed to be supplemented.
Deputy Research Fellow Yoon said, “The amendment to the Special Act proposes a lower limit for the bond purchase price, but in the Housing Lease Protection Act, there is no priority repayment deposit ratio, so it is mainly understood as the level of the priority repayment amount, and in some cases it is interpreted as the level of 30% of the deposit.” “There is a need to revise and supplement it to make it meaningful,” he said.
There were also voices calling for sufficient prior preparation, such as reinforcing the human resources and organization of HUG, which will actually be in charge of bond purchasing once the special law is passed.
Choi Woo-seok, head of HUG’s auction and public auction team, said, “HUG has a serious deficit that makes it impossible for it to carry out bond purchasing with its own resources.” “It could happen,” he said.
There are approximately 15,433 cases recognized as victims by the Ministry of Land, Infrastructure and Transport’s Jeonse Fraud Victim Support Committee. The requirements for recognition as a victim are: ▲ When delivery of the house and move-in report are completed and a confirmed date is met ▲ When the rental deposit is less than 300 million won ▲ When damage has occurred or is expected to prevent multiple tenants from receiving rental deposit refund claims ▲ When the landlord has paid the rental deposit There are four cases, including cases where there is substantial reason to suspect that there was an intention not to fulfill the return obligation. A person must meet all four requirements to be recognized as a victim, and if only some of them are met, he or she is classified as a ‘victim, etc.’
Among victims of jeonse fraud, 259 cases were resolved by granting preferential purchase rights as a special exception to the auction and public auction procedures, 802 cases were deferred for light auctions, 663 cases were pro rata distribution of tax claims, and 1,039 cases were supported by light auction agencies. Cases where financial and tax support was provided include 285 purchase loan loans (KRW 61.1 billion), 1,335 loans for refinancing jeonse funds (KRW 188.9 billion), 314 low-interest loans for jeonse funds (KRW 39.64 billion), and 910 cases of credit recovery support (KRW 92.68 billion). ), followed by 739 cases of tax support (KRW 1.16 billion).
HUG separately issued 1,390 rental damage certificates and 977 financial support certificates to those who suffered damage of more than 30% of the deposit. Free legal consultation was also provided, including 4,571 consultations with lawyers and 6,036 consultations with paralegals.
Deputy Research Fellow Yoon said, “There is a need to find ways to improve the system that takes into account victims who are classified as ‘victims, etc.’ and do not receive support due to policy blind spots, as well as victims who are experiencing extremely serious difficulties in health, livelihood, credit, etc.” He said.
The discussion session on this day was chaired by Kim Geun-yong, a professor at Hanyang University’s Graduate School of Convergence Industry, and appraiser Jo Jeong-heun (standing executive member of the Citizens’ Coalition for Economic Justice), Byun Woong-jae, head of the Consumer Dispute Mediation Committee of the Korea Consumer Agency, Jeong Gyeong-guk, head of the Lease Damage Support Team of the Korean Attorneys’ Association, and Jin Jang-ik, Chung-Ang University’s Urban Planning and Real Estate. Department professors and others attended as designated discussants.
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2024-04-24 09:03:16