임대차계약의 갱신을 둘러싼 당사자 의사의 해석- 대상판결 : 대법원 2025. 3. 13. 선고 2024다315046 판결 -

This study examines the Supreme Court Decision of March 13, 2025 (Case No. 2024Da315046), in which the Court left open the possibility of recognizing a lessor's implied or conditional refusal to renew a commercial lease. The ruling is criticized for exacerbating interpretive ambiguity surrounding declarations of intent while neglecting the structural deficiencies of current lease legislation. Although the case concerns a commercial lease, the underlying issues—determination of renewal and interpretation of intent—are structural problems equally prevalent in residential leases. A comparative review of Germany, France, and Japan reveals that these jurisdictions have addressed analogous challenges by establishing refusal-to-renew systems premised on automatic renewal, thereby advancing the protective objectives of lease law. Accordingly, this study argues that Korean lease law requires a structural transition toward an automatic renewal framework, under which a lessor may refuse renewal only upon satisfying specific statutory requirements, communicated in an explicit and unequivocal manner. Such reform would minimize disputes arising from the interpretation of intent and better align Korean lease law with its core legislative purpose: the protection of lessees' residential stability.