A study on protection of a tenant
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Korean Housing Lease Protecting Act and Korea Commercial Building Lease Protection Act are the Acts to protect the tenant in Korea. However, there are gaps which cannot protect the tenants in these Acts. Firstly, the Housing Lease Protect Act has only implied renewal. Whereas a lessor shall not refuse to renew without justifiable grounds within 5 years if a tenant requests for renewal of a contract in the Commercial Building Protection Act. Secondly, the Commercial Building Protection Act protects the tenant’s right to receive a premium from new tenant. However, the lessor can obstruct any tenant in receiving any premium pursuant to a premium contract from a new tenant after termination of the lease agreement under the literal meaning of 10-4(1). To protect the tenant’s right to remain under the present Act, the doctrines of common law can be referred when the court makes a decision. To be specific, when the lessor refuses to renew the lease agreement for house to increase the rent fee, it will be unreasonable by applying the “implied covenant of good faith and fair dealing”. If the tenant of house who follows the terms and conditions of lease agreement wants to maintain the agreement and his or her claiming the occupancy is not unreasonable under circumstances of agreement, the lessor cannot evict the tenant without good cause by the “implied covenant of good cause for termination”. In the commercial building agreement, the court can interpret the tenant has right to claim the premium even after termination of agreement when the reasonableness can be recognized. For example, when the tenant had made substantial investment or the lessor has any responsibility for the tenant’s investment on getting or expanding premium, the tenant can receive the premium from new tenant who make a premium contract after agreement or lessor as a compensation for damage. Provided that the period the tenant can claim the premium from new tenant after termination should be limited within reasonable time. The reasonable time can be regulated by making or adding new Act or articles.
Abstract
Korean Housing Lease Protecting Act and Korea Commercial Building Lease Protection Act are the Acts to protect the tenant in Korea. However, there are gaps which cannot protect the tenants in these Acts. Firstly, the Housing Lease Protect Act has only implied renewal. Whereas a lessor shall not refuse to renew without justifiable grounds within 5 years if a tenant requests for renewal of a contract in the Commercial Building Protection Act. Secondly, the Commercial Building Protection Act protects the tenant’s right to receive a premium from new tenant. However, the lessor can obstruct any tenant in receiving any premium pursuant to a premium contract from a new tenant after termination of the lease agreement under the literal meaning of 10-4(1). To protect the tenant’s right to remain under the present Act, the doctrines of common law can be referred when the court makes a decision. To be specific, when the lessor refuses to renew the lease agreement for house to increase the rent fee, it will be unreasonable by applying the “implied covenant of good faith and fair dealing”. If the tenant of house who follows the terms and conditions of lease agreement wants to maintain the agreement and his or her claiming the occupancy is not unreasonable under circumstances of agreement, the lessor cannot evict the tenant without good cause by the “implied covenant of good cause for termination”. In the commercial building agreement, the court can interpret the tenant has right to claim the premium even after termination of agreement when the reasonableness can be recognized. For example, when the tenant had made substantial investment or the lessor has any responsibility for the tenant’s investment on getting or expanding premium, the tenant can receive the premium from new tenant who make a premium contract after agreement or lessor as a compensation for damage. Provided that the period the tenant can claim the premium from new tenant after termination should be limited within reasonable time. The reasonable time can be regulated by making or adding new Act or articles.
참고문헌 (13)
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