임대차계약상 임차인의 원상회복의무 범위

Abstract

A lease contract is the most widely used contract along with a loan for use, and its purpose is to borrow and use and profit from other people’s goods. Therefore, when the lease is terminated, the tenant is obligated to return the object of lease to the lessor, which is also an essential element of the lease contract. The Korean Civil Code stipulates that when the borrower of the used loan returns the object, the object must be restored to its original state, and this is applied mutatis mutandis to the lease contract (Articles 654 and Articles 615 of the Civil Act). Disputes over the tenant’s obligation to restore to its original state at the end of the contract account for a significant portion of disputes over real estate lease contracts such as housing and commercial buildings. It is also important enough in terms of being the final step toward the end of a smooth contractual relationship when considering the relationship with the lessor’s obligation to return the deposit. Under civil law, the obligation to restore the original state borne by the tenant at the end of the lease contract is the obligation of the tenant to use or profit while preserving the object of the lease as a duty of care of a good manager and then returning the object itself at the end of the contract. It is a so-called debt for delivery of specific goods, which can be understood to be used to return it as similar as possible to the state at the time of the lease contract. Since the concept of a tenant’s obligation to restore to its original state was mentioned through theories or precedents, not specified in legal regulations, there is no specific mention of the content or scope of the tenant’s obligation to restore to its original state. Therefore, first, this study examines the economic value of restoration in a lease contract and the possibility of a limited interpretation of rights. Next, in relation to this topic, we also look at the trends in regulations and precedents on the return and restoration of rental objects at the end of a lease contract in New York State, which has a strong regulatory policy among footnotes in the United States. Through this work, we tried to refer to the scope. Third, by analyzing and reviewing major domestic prior studies and precedents, the aim was to derive the content and scope of the obligation to restore the original state that can be commonly applied to the individual cases.