임대차2법 폐지에 관한 논거

1. CONTENTS (1) RESEARCH OBJECTIVES At this point, five years after the enforcement of the Lease 2 Act, the purpose is to contribute to the stability of tenants and the housing rental system by examining the grounds for the complete abolition of the Lease 2 Act, the grounds for the maintenance and reinforcement of the Act, and case law on dispute cases related to the Lease 2 Act to determine the necessity of the abolition of the Lease 2 Act and alternatives and considerations after the abolition of the Lease 2 Act. (2) RESEARCH METHOD We examine the necessity of abolishing the 2nd Lease Act through a review of prior research, the theoretical background of the abolition and maintenance of the 2nd Lease Act, the final report of the 'Research on Improvement of the Housing Lease System' commissioned by the Ministry of Land, Infrastructure and Transport to the Korea Research Institute for Human Settlements in 2022 and published in 2025, and the decisions of lower courts and the Supreme Court. (3) RESEARCH FINDINGS Now is the time to abolish the 2nd Lease Act, as the Supreme Court ruled that the tenant's right to request a renewal of the contract was denied, and the final report on the 'Research on Improvement of the Housing Lease System' commissioned by the Ministry of Land, Infrastructure and Transport to the Korea Research Institute for Human Settlements in 2022 and published in 2025 also emphasized the need for abolishment. Considering the confusion that would result from the abolition, a gradual abolition could be considered, but it may take time to return to normal, and since changes in the real estate market are unpredictable, the damage could be greater, and since both landlords and tenants have become accustomed to the abnormal market situation and may not recognize it even after it returns to normal, a comprehensive and immediate abolition is necessary. 2. RESULTS Now is the time to abolish the 2nd Lease Act. Considering the confusion that would arise when it was abolished, we can consider a gradual abolition, but it may take time to normalize, and since changes in the real estate market are unpredictable, the damage may be greater, and since both landlords and tenants become accustomed to the abnormal market situation and may not recognize it even after it returns to normal, it should be abolished immediately and comprehensively. In addition, since the purpose of the 2nd Lease Act is to protect tenants, alternatives for tenant protection and market stabilization policies are needed after the abolition of the ‘2nd Lease Act’ (contract renewal claim system, monthly rent cap system). Lastly, we should consider abolishing the jeonse system, a unique system that exists only in Korea. Rising real estate prices and a shortage of jeonse properties can only be resolved through supply, but if the jeonse system is abolished, landlords who own multiple properties through gap investment, etc. will have to put their houses on the market to cover the jeonse deposit, and if they utilize tax systems such as a transfer tax reduction or deferral system, the supply will increase and housing prices will stabilize. It seems that the fundamental problems of the two rental laws will be solved if the jeonse system, which has more losses than gains and is sensitive to the real estate market, is boldly abolished.