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Improvement Plan of Legislation Related to Termination of Real Estate Lease Contract
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부동산임대차 계약해지 관련 법제의 개선방안

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Type
Academic journal
Author
Kim, Jong Kwan ((주) 해피티엠)
Journal
한국부동산법학회 부동산법학 부동산법학 제28권 제3호 KCI Accredited Journals
Published
2024.9
Pages
1 - 28 (28page)

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Improvement Plan of Legislation Related to Termination of Real Estate Lease Contract
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2024. 1. 11. The Supreme Court held that if the tenant requests the renewal of the lease under sub-section (1) of section 6(3) of the Housing Lease Protection Act, and the renewal of the contract takes effect, the lessee may give notice to the landlord of the termination of the contract “at any time”. In this study, it was proposed to add a proviso to the above case and amend the statute so that if the landlord and tenant have entered into a mutually agreed-upon agreement, the landlord and tenant can terminate the contract with notice in accordance with the mutually agreed agreement. In addition, among the various types of disputes that arise in relation to real estate leases, we examined the theories, current legal systems, and judicial precedents for disputes related to the termination of real estate leases, analyzed the problems, and sought reasonable improvement measures. In the case of a notice of termination of a lease without a term under the Civil Act, we proposed an improvement plan for the deadline for the tenant’s notice of termination to take effect and the period of termination requirement in case of late payment of the chime, and studied the requirements for the delay of the lease that does not apply the implied renewal requirements of the contract under the Housing Lease Protection Act and the Commercial Building Lease Protection Act, which are special laws. In addition, we explored the reasons why a landlord can refuse a request for contract renewal and how to achieve equity in the duration of the lease to be renewed. It is necessary to realize the principle of exercise of rights and private autonomy that is reasonable and balanced between the landlord and the tenant in the termination of the contract of real estate lease, to clearly define the requirements for legal acts and legal effects by expressing the intention to terminate the contract, and to continuously study the improvement measures to change the time limit in the case of unilateral notice of termination in the real estate lease relationship or the deadline for meeting the requirements for the effect of termination in a reasonable way.

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