차임 연체로 인한 상가건물 임대차계약의 즉시해지

대상판결: 대법원 2014.7.24. 선고 2012다28486 판결

Where a tenant of a commercial building lease requests for renewal of a contract between six months and one month before the expiration of period of lease, a landlord shall not refuse it without justifiable grounds. This shall not apply, for instance, where such tenant has been in arrears with an amount equivalent to three period of rent (Art. 10, the Commercial Building Lease Protection Act). On the other hand, in the case of the lease of a building or any other structure, if the amount of rent in arrears reaches the rent for two periods, the lessor may rescind the contract for the future (Art. 640, the Civil Code). Although there is no corresponding provision in the Commercial Building Lease Protection Act, the lessor of a commercial building lease may rescind the contract. In my opinion, the prerequisite of the rescission should be strengthened in accordance with that of the refusal of the renewal of a contract.