대항력 있는 임대차의 목적인임차주택을 양도한 임대인의 책임

Abstract

The Housing Lease Protection Act stipulates that if the lessee has opposing power, the transferee of a leased house succeeds to the status of the lessor. Regarding this, the Supreme Court ruled that ‘the transferee, in combination with the ownership of the house, inherits all rights and obligations of the lessor in the lease contract and takes over the obligation to return the lease deposit, and the transferor withdraws from the lease relationship and escapes the obligation to return the lease deposit to the lessee.’ and this attitude was firmly established. The attitude of precedents is difficult to accept in that the succession provision of the Housing Lease Protection Act are to protect lessee by enabling the transferee to claim their return, and the return of the lease deposit and the profits from the use of the leased house, which are the main contents of the lease contract, are affected by who the lessor is, and even if the right to object is acknowledged, the lessee’s right to use the leased house and to apply for an auction are taken away, and an imbalance arises with a lease that has no opposing power. The transfer of the leased house and the transferee’s succession to the status as lessor are carried out regardless of the intention of the lessee, so there is no reason for the lessee to be disadvantaged as a result. Therefore, the key point in how to structure the transferor’s responsibility is that the lessee’s position should not be weakened compared to before the transfer due to the transfer of the leased house. Considering that the lessee’s existing trust in stable usage and the lessor’s property, etc. must be protected, and the succession provision does not intend to exclude the protection of the lessee by provisions such as obligation assumption, and as a lessor who has entered into a lease contract, he must faithfully fulfill his obligations, but since he has transferred the leased house in order to recover the invested capital without the consent of the lessee, he has an obligation to guarantee the fulfillment of his obligations by others, in addition, considering the needlessness of objection rights and the relationship with a third party, it is reasonable to recognize the guarantee responsibility of the transferor of the leased house for all obligations under the lease contract, including the obligation to return the lease deposit.