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In July, a market price plate for an apartment was affixed to the window of a real estate agency in Deulmeori, an apartment in Mapo-gu, Seoul. By Lee Jong-geun, Staff Reporter [email protected]
Q1. When I applied to renew as a tenant, the landlord said that even if I tried to sell it through a real estate agent, it would be a reason to refuse to renew the contract. Is there a reason to reject the contract renewal even if the owner does not intend to live, but sells to the buyer who wants to live?
A1. Article 6-3, paragraph 1 of the Housing Lease Protection Act revised on July 31, 2020, stipulates that the landlord cannot refuse without a justifiable reason if the tenant requests the renewal of the contract within the 6-month period to 1 month before the end of the rental period. . When the intention to request the renewal reaches the other landlord, the legal effect of ‘renewal of the lease’ (forms) occurs at that point, so the tenant’s right to request the renewal is called the right to form. In other words, when the tenant’s intention to renew is reached, the effect of the renewal of the lease occurs immediately, unless there is a legitimate reason for the landlord to reject the renewal. However, in Article 6-3, Paragraph 1 of the revised Housing Lease Protection Act, which lists the legitimate reasons for the refusal of renewal by the landlord, does not include the fact that the landlord plans to sell the home rental as a legitimate reason to deny renewal. Therefore, when the tenant’s intention to request the renovation reaches the landlord, the tenant cannot refuse the renovation because the tenant is going to sell the rented house, and according to the principle of the right to form, the legal effect of the renovation of the contract occurs immediately. The existing precedents of the Supreme Court (Supreme Court 2010. 6. 10. judgment 2009 Da64307, Supreme Court 2014. 4. 30. 2013 Da35115 verdict, etc.) are stipulated in the same content as article 6-3, paragraph 1 of the revised Housing Lease Protection Law. Regarding the meaning of the tenant’s right to request renewal in Article 10, Paragraph 1 of the Law for the Protection of the Lease of Commercial Buildings, “If the tenant requests the renewal of the contract, the landlord cannot refuse the renewal unless there is a legitimate reason for the refusal specified in the clause. The initiative of the tenant is to achieve the renewal of the lease ”.
If you sell after reaching your intention to renew, you cannot refuse.
The content of the question is after the tenant’s intention to request the renewal reaches the landlord. Is it possible that the transferee who bought the rental home will refuse to renew the lease for new residency reasons? If the lease is renewed because there is no legitimate reason for denial at the time the renewal request is reached, the transferee succeeding the landlord by acquiring the rental home after that has to succeed the renewed lease relationship , so the assignee rejects its new renewal. Renewal cannot be rejected for reasons. This is because Article 3.4 of the Housing Lease Protection Act stipulates that the assignee of the rental housing is considered to have achieved the status of landlord. The new owner inherits the status of landlord from the old owner (Supreme Court 2013. 12. 12. sentence 2013 gives 211919 sentence, etc.)
In the practice of real estate sales, the assignee who acquires the rental home before the end of the lease term will try to check if the lease has already been renewed by exercising the right to request renewal, and the intermediary will also check the status of the legal relationship of the sale object, such as the status of the renewal of the lease. We will identify and explain this to the assignee, so that the assignee knows the status of the renewal of the lease of the rental house to buy and makes the purchase. Therefore, the transferee who succeeds in the position of landlord also inherits the legal relationships of renewal of the lease, so the renewal cannot be rejected for the purpose of the new residence. However, unlike the Commercial Building Lease Protection Act, for the right to request tenant renewal under Article 6-3 of the aforementioned revised Housing Lease Protection Act, there is still no precedent. established court. Therefore, the lessee, the lessor and the transferee are the integral lessors of the transferee. It is necessary to pay attention to the legal principles of succession of status and carefully understand the legal relationship in accordance with the application for renewal, and then sell or sell rental housing. Legislative supplementation of the rule that the landlord is considered renewed unless the landlord expresses his intention to refuse the renewal within two weeks (or one month) from the date of receipt of the renewal request, and does not express your intention to refuse renewal for a legitimate reason within that period. Then the legal relationship can be established quickly.
Q2. What if, after the house is sold, the buyer refuses to renovate it in order to live?
A2. House(The meaning of the rental housing) sold should be divided into two categories. In a situation where only the contract of sale is signed and the transfer of ownership has not yet been recorded to the transferee, the lessee must submit a renewal application to the lessor who is currently the registered owner of the title. Also, as explained in the first quarter, the fact that the lease for the home was signed with the transferee is not a legitimate reason to refuse the renewal. Finally, the transferee takes over the owner’s status with the renewal of the lease. Therefore, when the transferee wants to acquire a rental home whose lease ends in 6 months, he must check if the tenant has requested the renewal before the transfer of ownership.
to the next, In the event that the record of transfer of ownership is made to the assignee of the rental property without a request for renewal yet, the landlord to request the renewal is the assignee, so he must request the assignment from the assignee. When the intention to request renewal is reached, if the transferee, the landlord, has a real purpose to reside, a legitimate reason is recognized and the renewal can be rejected. And even though the transfer of the property has already been registered with the assignee, if the tenant requests the renewal from the previous landlord, the current landlord, the assignee, cannot oppose the current landlord, so the renewal request to current landlord. Lawyer Kim Nam-geun (Member of the Political Committee, Solidarity Participation)
When the National Assembly passed the revised Housing Lease Protection Act bill on July 30, the right of tenants (tenants) to renew the lease was created after 39 years of enactment. After two years, the ‘playground’, where everything was at the disposal of the lessor (lessor), was able to strike a balance with establishing the right to request the renewal of the contract. Various disputes and conflicts derived from this process are stimulating consumption, but in most countries, such as Germany, France and the United States, which have been guaranteeing the right to request the renewal of the contract for decades, the tenant’s right to live and the landlord property rights. The common sense of the second lease law required for a new lease relationship, <한겨레>Wow <참여연대 민생희망본부>Prepared jointly. From September 16 (Wednesday) to September 20 (Sunday), it will be serialized 5 times.
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