“Even if I bought a house for living”… Court “If the tenant rejects it, it cannot be released”

Input 2021.03.24 21:00

A court ruling came out that the new landlord could not ask the tenant to vacate the house if the tenant exercised the right to apply for renewal of the lease contract to the previous owner even if the house was purchased for real residence. This ruling is the court’s first judgment on the scope of the right to apply for a contract renewal after the revised Lease Protection Act, which predicted a conflict between renters and tenants over jeonse contracts.

On the 24th, Judge Yoo Hyun-jung, who was solely responsible for the Civil Affairs 2 of the Suwon District Law, ruled against the plaintiff in a lawsuit for the delivery of a building against the new landlord, Kim Mo, against the chartered tenant Park Mo. According to the ruling, in August of last year, Mr. Kim and others signed a sale contract for an apartment in Gyeonggi-do for the purpose of living, and in November of the same year, the registration of ownership transfer was completed.

At the time of the contract, the tenant, Park, lived in this house, and he had decided to live in a charter for two years with a lease deposit of 350 million won from February 2019. Kim believed that Park was moving in February 2021 and bought this apartment for the purpose of living.

However, in September of last year, just after Kim signed an apartment sale contract, Park suddenly exercised his right to apply for a charter contract renewal to the existing owner. The request for contract renewal is possible 6 months to 2 months before the expiration of the lease term. Accordingly, the owner of the existing house said, “The new owner is very embarrassed because the sales contract was signed,” and “please think again,” but the tenant refused to move, saying, “It is difficult to make a decision.”

Accordingly, Kim, who purchased a house for real residence, filed a lawsuit against the tenant. The Housing Lease Protection Act stipulates that the landlord and his immediate descendant may refuse to renew the contract if they actually live in the house.

However, the court ruled that the new landlord, Kim, dismissed the plaintiff’s claim in a building surrender claim against tenant Park. Judge Yoo said, “The new Housing Lease Protection Act was introduced to strengthen the right to live by stably extending the tenant’s residence period.” If it is said that it can be rejected for reasons, the reason for the amendment to strengthen housing rights will fade.”