계약갱신요구를 한 임차인의 해지통지시 임대차계약의 종료시기에 관한 고찰- 대법원 2024. 1. 11. 선고 2023다258672 판결 -

Abstract

Under the Housing Lease Protection Act, a lessee can request a contract renewal and still terminate the contract at any time afterward. The termination will take effect three months after the notice is given. However, there is no clear regulation on when the three-month period should begin if the notice of termination is given before the renewed lease term starts, leading to confusion in practice. The Supreme Court clarified that a lessee who has requested a contract renewal can terminate the contract according to Article 6-2, Paragraph 1 of the Act. Such termination takes effect three months after the notice is given, even if the notice reaches the landlord before the renewed lease term begins. The three-month period is calculated from the date the termination notice is given. However, this ruling by the Supreme Court presents can lead to a situation where the lease contract terminates earlier than the originally agreed term, depending on when the lessee notifies their intent to renew and terminate the contract. It also results in recognizing a withdrawal that is difficult to justify, given the legal nature of the renewal request is the formative right. In addition, while the lessee can terminate the contract at any time according to their circumstances even after requesting a renewal, the lessor's trust in the continuation of the contract based on the lessee's renewal request is not adequately protected. Such issues arising from the introduction and operation of the right to request a contract renewal should ultimately be resolved through legislative measures. Therefore, improved legislation is anticipated to stabilize and establish the system related to the contract renewal request.