賃借權의 無斷讓渡․轉貸時 住宅賃貸借保護法상의 對抗力 인정 여부

The Article 629 of the Civil Act prescribes that (1) a tenant cannot transfer leasehold and sub-lease without landlord's consent, and (2) in case a tenant transfer leasehold and sub-lease without landlord's consent, the landlord can terminate the lease contract. If this rule is applied too rigidly, the protection of the economically underprivileged tenant's right will be inadequate. Therefore several legal theories have been suggested to place restrictions on the right of termination of the landlord. "The principal of destruction of confidential relationship" is one of them. This principal holds that even if a tenant transfer leasehold and sub-lease without landlord's consent, provided that the confidential relationship between the landlord and the tenant was not destroyed, the landlord cannot terminate the lease contract. Supreme Court has approved this principal. On the other hand, the Article 3 of the Protection of House Lend-Lease Act prescribes that house tenant shall acquire perfection after (1) delivery and (2) residents registration. Supreme Court has ruled that if a tenant transfer leasehold and sub-lease with landlord's consent, the perfection continues to exist. This judgment combines the two prescibed principals. That is, even if a tenant transfer leasehold and sub-lease without landlord's consent, provided that the confidential relationship between the landlord and the tenant was not destroyed, the perfection of the tenant continues to exist. This ruling extends the application of "the principal of destruction of confidential relationship" which was commonly applied between tenant and landlord to the new scope of "perfection against the claims of third parties". Finally the holding of this judgment is correct.