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- 주제어 : Rescission of Lease for Future (검색결과 2 건)
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지원림 한국민사법학회 2015 民事法學 Vol.70 No.-
Where a tenant of a commercial building lease requests for renewal of a contract between six months and one month before the expiration of period of lease, a landlord shall not refuse it without justifiable grounds. This shall not apply, for instance, where such tenant has been in arrears with an amount equivalent to three period of rent (Art. 10, the Commercial Building Lease Protection Act). On the other hand, in the case of the lease of a building or any other structure, if the amount of rent in arrears reaches the rent for two periods, the lessor may rescind the contract for the future (Art. 640, the Civil Code). Although there is no corresponding provision in the Commercial Building Lease Protection Act, the lessor of a commercial building lease may rescind the contract. In my opinion, the prerequisite of the rescission should be strengthened in accordance with that of the refusal of the renewal of a contract.
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「주택임대차보호법」 제6조의3 갱신거절사유에 관한 일고찰
최현태 한양법학회 2022 漢陽法學 Vol.33 No.3
Among the contents of the revised "Housing Lease Protection Act," the right to demand renewal of contracts stipulated in Article 6 is the most frequently criticized along with the rent ceiling system. The fact that attempts to revise the regulation have been made less than a year after the revision is clearly different from the initial intention of the revision, and the criticism of the revision is reasonable. In particular, each of the provisions of each subparagraph of Article 6-3 stipulating the grounds for refusal of the renewal request is subject to criticism when exercising it together with the part of the right to request renewal. In this paper, we will examine the criticism and interpretation related to Article 6-3 of the Housing Lease Act, which defines the reasons for refusal of renewal to the right to request renewal of tenants understood as the right to form. In the examination of this issue, I would like to look at some of the following points of view. First, the provisions that define the reasons for refusal of renewal are considered to be consistent with the original purpose of the Housing Lease Protection Act, but there is a question that the provisions themselves should be approved only for the protection of tenants. Second, it is necessary to reconsider whether the reasons for refusal of renewal reflect the actual housing market situation and transaction order, and whether there are any areas that can cause excessive interference in private autonomy. Third, it is necessary to look at whether it is stipulated in a form that can fully reflect changes in the residential environment from the perspective of the need for evaluation. In conclusion, based on this awareness of the problem, this paper examined the problems of the application of individual types to reasons for refusal of renewal under the current Housing Lease Protection Act and the improvement plan.
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