기혼자인 주택임차인의 이혼･사망시의 규율

Residential Lease in the event of the divorce or death of the tenant

Since the couple lives together, the tenant's spouse also resides in the rental housing. The tenant's spouse is interpreted as the tenant's occupancy assistant. As a result, if the tenant divorces or dies during the lease, the problem of eviction from the rental housing arises unless the tenant's spouse succeeds the lease. In the case of the death of a tenant, the Korean Housing Lease Protection Act has provisions that allow a de facto married spouse to succeed to the lease right (Article 9). However, there is no guarantee of leasehold rights for divorced or surviving spouses. In Korea, which is under a separate marital system, it is necessary to prepare measures to guarantee their housing rights. The French Civil Code provides that if a housing tenant is married, the leasehold belongs jointly to the couple [Article 1751 (1)]. Therefore, in the case of divorce of the couple, the leasehold is granted to one of the co-tenants and monetary compensation is given to the other. If one of the couple dies, the surviving spouse becomes the sole tenant. This type of regulation can guarantee the stability of the spouse's residential life. However, the French Civil Code provides regulations not only for couples by legal marriage but also for couples under civil solidarity contracts (Article 1751-1), which gives slightly insufficient protection compared to legal marriage. The French Ministry of Justice's Civil Code Amendment prepared in 2022 allows partners who have signed a civil solidarity contract to become joint rights holders in the leasehold of joint residences. In France, the property system of partners who have signed civil solidarity contracts is separate. The separate system has the advantage of guaranteeing the economic independence of each partner, but there is a problem in terms of guaranteeing housing rights when the partnership is resolved, so the amendment to correct this has been prepared. I believe that the leasehold should jointly belong to the couple regardless of which of the couple signed on the lease contract. If the leasehold is jointly attributed to the couple for the reason of the tenant's marriage, the tenant is not changed, but a second tenant is added. If the couple's joint leasehold system is introduced, when the couple divorce, one party can transfer his or her share of the leasehold to the other party so that the other party can become the sole tenant. This is possible by agreement and judgment.