임대차계약에서의 요건사실과 증명책임

In a civil action Ruled by the doctrine of pleading(Verhandlungsmaxime), 'the legally required fact' means a set of facts which one of the parts in process should assert and prove for winning the lawsuit. 'The legally required fact' has very important significance throughout the whole process of the trial in civil litigation. This article examines 'the legally required fact' and 'the burden of proof' in the lease contract. After termination of contract, a lessor claims retrocession of the object and a lessee claims retrocession of the deposit. This claim means the burden of proof rests upon the claimant. Accordingly a lessor must assert and prove agreement of lease contract, handover to a lessee and termination of contract. On the other hands, a lessee must assert and prove agreement of lease contract, deposit payment and termination of contract. The other side can defend oneself with 'the exceptio non adimpleti contractus', a implied renewal, a deduction and a claim to purchase things on the ground. The claimant has a surrebuttal against a rebuttal. This article aims to clarify the meaning of 'the legally required fact' and categorize 'the distribution of burden of proof' in the lease contract.