주택임대차의 갱신과 해지 - 대법원 2024. 1. 11. 선고 2023다258672 판결을 중심으로 -

Abstract

On July 31, 2020, the Housing Lease Protection Act (hereinafter HLPA) introduced a system for the right to request contract renewal. If the lessee requests the renewal of the contract within a specified period before the end of the lease term, the lessor may not refuse without a valid reason. The lessee can exercise the right to request a contract renewal only once, and the duration of the renewed lease is two years. It took less than two months from the beginning of discussions in the National Assembly to the implementation of the system. Unlike previous amendments, retroactive legislation was enacted to apply to leases that existed at the time this law was enforced. During the process of amending the law, the lack of sufficient discussion led to an increase in housing instability for tenant households due to the instability of the housing market. However, since the existing law was not sufficient to ensure stable housing, tenants were granted the right to request contract renewal for four years. The focus seems to have been solely on extending the period of rental guarantee. The judgment in question pertains to a case where the lessee exercised both the right to request a renewal of the contract and the right to voluntary termination before the commencement of the renewed lease term. It addresses when the lessee may exercise the right to voluntary termination and when this action becomes effective. Specifically, the Supreme Court noted that the lessee has the ability to issue a notice of termination at any time before the commencement of the renewed the period for lease, and that this notice becomes effective three months after it is given. In interpreting Article 6-3(4) and Article 6-2 of the HLPA, the court adhered strictly to a literal interpretation without providing detailed reasoning. However, the lease contract requested for renewal constitutes a new agreement, distinct from the original lease contract. It is not reasonable to assert that a lessee cannot withdraw from a renewed lease, and according to the Supreme Court's interpretation, a scenario may arise where the original lease terminates before its end date. Therefore, it is possible to issue a notice of termination for a lease pending renewal even before the start of the renewal period. Nevertheless, the termination should be deemed effective three months after the start of the lease period for which renewal is requested.