주택임대차보호법의 갱신요구권에 관한 연구

A study on the right to request renewal under the Housing Lease Protection Actt

In this study, the overall contents of the Housing Lease Protection Act and the newly established regulations, which could be problematic when continuously implemented, were examined. If the lessor and the lessee agree not to extend the lease contract in advance and then reverse it due to the tenant s circumstances, the effect of the extension may increase confusion and damage, so it is judged that it is reasonable to cancel it. Regarding whether or not the renewal can be refused because of the buyer s tenancy, it is reasonable that the transferee s refusal of renewal is impossible under the Housing Lease Protection Act if the tenant s renewal request notification has been reached and the landlord s consent or rental negotiation has been underway If the tenant s notification of the renewal request has been reached and the landlord s consent or rent negotiations have not yet taken place, the new buyer who succeeds to the previous lessor s position must be able to refuse the renewal request. In addition, the issue of the upper limit of demand for increase of rent, etc., is not suited to local governments, but rather is determined by the central government and negotiated by the parties. It is believed that revising the standards will reduce confusion.