임차인의 임차목적물 원상회복의무

Abstract

The lessee is obligated to perform restorative and reparative work at the end of the lease period. This restoration obligation is usually construed that the lessee should restore the condition of the leasing objective as the object had been delivered to the lessee. The range of this restoration obligation may be reviewed depending on the category of the leasing object’s altered condition, and this study divides it into two categories; (1) the leasing object’s damaged state by the lessee’s use and (2) the leasing object’s changed state made intentionally by the lessee. With regard to the first category, it should be noted that it is not possible to restore the exact condition of the leasing object as same as it was in the beginning of the lessee’s use. Thus, the precedents in Korean court has denied the lessee’s obligation to restore ‘ordinary were and tear’ on the basis that the such depreciation cost and natural damage of the leasing object are included in the rent paid to the lessor. In short, the restoration costs for ordinary wear and tear is borne by the lessor in principle. As for the second category, in principle, the lessee always restore the change in the leasing object he/she had intentionally made. However, in case where the lessee has the right to compensation for improvements, the lessee is not obliged to restore the change in the leasing object. In this regard, the Korean courts has its tendency to construe that the parties’ agreement to waive the lessee’s right to compensation for improvements also includes waiver of the lessee’s restoration obligation. Also, the lessee’s restoration obligation should be construed together with other obligation such as the obligation stipulated in the Article 374 of Civil Act.