주택임대차에서 임대인의 선제적 갱신거절이 임차인의 갱신요구권을 침해한 경우의 법률관계 - 대상판결 : 의정부지방법원 2024. 6. 20. 선고 2023나203178 판결 -

The short term of the house leases, which is unique to Korea, caused problems such as housing instability and frequent rent increases, and the renewal request system was introduced through the revision of the Housing Lease Protection Act to solve these problems. Various types of cases have occurred since the introduction of the right to request for contract renewal, and case law has been formed on major issues of the right to request for contract renewal, such as the target judgment. Various types of cases that were not sufficiently reflected at the time of the revision of the Housing Lease Protection Act to introduce the right to request for contract renewal are still occurring, and the attitude of lower court judgments is also divided, continuing to be confused in the transitional period. The main legal issues of this judgement was not sufficiently reflected at the time of legislation, and it is clear that the judgment is a meaningful on the issue of 'the lessor's preemptive refusal for contract renewal' and the resulting damages. Various types of cases related to the right to request for contract renewal continue to occur, and related legislation needs to be improved to overcome the difficulties of interpretation. In consideration of various cases that may be problematic regarding the right to request for contract renewal, below, we would like to comprehensively present the direction of improvement of the relevant legislation, such as ① automatic renewal of leases and reorganization into a structure centered on the right to refuse for contract renewal, ② introduction of a "notice of refusal for contract renewal" to prove the landlord's refusal to renew and actual residence, ③ supplementation of the legal damage compensation system, ④ regulation on the relationship between rental housing sales contracts, and ⑤ procedural supplementation on the increase or decrease of rent after renewal.