주택임대차보호법 제6조의3 갱신거절사유 중 임대인등의 실거주에 관한 소고

Abstract

The Housing Lease Protection Act was amended in 2020. Among the amendments, in particular, the details of the tenant’s right to request a contract renewal are somewhat different. It was revised and implemented on July 31, 2020. Article 6-3 of the Amended Owners Act states that the lessor cannot refuse a contract renewal without justifiable grounds if the lessee requests for a contract renewal within 6 months to 1 month before the end of the lease period. It is stipulated in each item of Paragraph 1 of the same Article. Among them, in particular, No. 8 set the reason for refusal of renewal, “when the lessor (including the lessor’s lineal ascendants and direct descendants) actually intends to reside in the purpose house” as the reason for refusal of renewal. It has been predicted to be the most controversial of the reasons. Because the fact that the lessor and the direct descendants of the lessor will live in the future is a subjective intention, there is no way for a third party to confirm this as the substantive truth, and even from the standpoint of the lessor, the lessee may request a renewal. This is because even if there is a willingness to live for the available period, the intention to live may disappear due to circumstances such as having to sell the leased object. In relation to this, the case where more disputes can arise in the actual transaction is “when the lessor sold the leased object and the buyer intends to live in the leased object”. Recently, several lower court judgments have been made on these matters, and since there are many such types of disputes, it is expected that many lower court judgments will accumulate in the future. In this paper, we analyze the judgments of the lower courts and analyze the problem of interpretation of the Presiding Act, focusing on the reason for refusal of renewal of “the real residence of the lessor, etc.” in Article 6-3, Paragraph 1, No. 8 of the Presiding Act. It remains to be seen what the Supreme Court will decide on this case in the future.