주택임대차보호법상 계약갱신요구권에 관한 법적 쟁점과 입법적 개선 방안

• 영문명: Legal Issues and Legislative Improvement Measures for the Right to Renew Contracts under the Housing Lease Protection Act
• 발행기관: 충북대학교 법학연구소
• 저자명: 전정표(Jung Pyo Jun) 이재목(Jae Mok Lee)
• 간행물 정보: 『법학연구』第36卷 第1號, 333~359쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.06.30

국문 초록

Korea's Housing Lease Protection Act has the right to request a contract renewal that allows the tenant to ask the landlord to extend the lease period once. The right to renew the contract contributes to the tenant's housing stability, but it violates the principle of freedom of contract and limits the landlord's property rights. As a result, the landlord legally terminates the lease because he lives in the rental house himself, but in reality, he or she may commit an offense of leaving the house empty or renting it to someone else in order to receive higher rent. In this paper, I would like to propose the following three legislative improvement measures to solve these problems and to ensure the balance between the tenant's housing stability and the landlord's property rights. First, we propose to establish an automatic extension principle for housing leases and abolish the tenant's right to renew the contract. Second, if the lessor refuses to renew the contract due to his or her actual residence, the lessor will bear the tenant's moving expenses, and if the lessor does not actually live, the government office should check the fact and fine the lessor. Third, we suggest that if the landlord wants to sell the rental house, he or she will be allowed to terminate the lease, but that the tenant will be able to purchase the house in preference to someone other than the tenant. The Housing Lease Protection Act is a minimum institutional device that protects tenants from a stable residential life. We need to develop through continuous improvement without regression.

목차

Ⅰ. 서론

Ⅱ. 계약갱신요구권의 법적 성질 및 입법 과정

Ⅲ. 외국의 계약갱신요구권 제도

Ⅳ. 계약갱신요구권에 관한 법적 쟁점과 입법적 개선 방안

Ⅴ. 결론

참고문헌

키워드

계약갱신요구권 주택임대차 계약갱신거절 임대차의 해지 묵시적 갱신 right to request contract renewal housing lease refusal of contract renewal termination of lease implied renewal