「주택임대차보호법」 제6조의3 갱신거절사유에 관한 일고찰 (A Study on the Reasons for Refusal of Contract Renewal under the Article 6-3 of the Lease in Housing Lease Protection Act)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 33권 / 3호 / 75 ~ 102페이지
· 저자명 : 최현태

초록

Among the contents of the revised "Housing Lease Protection Act," the right to demand renewal of contracts stipulated in Article 6 is the most frequently criticized along with the rent ceiling system. The fact that attempts to revise the regulation have been made less than a year after the revision is clearly different from the initial intention of the revision, and the criticism of the revision is reasonable. In particular, each of the provisions of each subparagraph of Article 6-3 stipulating the grounds for refusal of the renewal request is subject to criticism when exercising it together with the part of the right to request renewal. In this paper, we will examine the criticism and interpretation related to Article 6-3 of the Housing Lease Act, which defines the reasons for refusal of renewal to the right to request renewal of tenants understood as the right to form. In the examination of this issue, I would like to look at some of the following points of view. First, the provisions that define the reasons for refusal of renewal are considered to be consistent with the original purpose of the Housing Lease Protection Act, but there is a question that the provisions themselves should be approved only for the protection of tenants. Second, it is necessary to reconsider whether the reasons for refusal of renewal reflect the actual housing market situation and transaction order, and whether there are any areas that can cause excessive interference in private autonomy. Third, it is necessary to look at whether it is stipulated in a form that can fully reflect changes in the residential environment from the perspective of the need for evaluation. In conclusion, based on this awareness of the problem, this paper examined the problems of the application of individual types to reasons for refusal of renewal under the current Housing Lease Protection Act and the improvement plan.

영어초록

Among the contents of the revised "Housing Lease Protection Act," the right to demand renewal of contracts stipulated in Article 6 is the most frequently criticized along with the rent ceiling system. The fact that attempts to revise the regulation have been made less than a year after the revision is clearly different from the initial intention of the revision, and the criticism of the revision is reasonable. In particular, each of the provisions of each subparagraph of Article 6-3 stipulating the grounds for refusal of the renewal request is subject to criticism when exercising it together with the part of the right to request renewal. In this paper, we will examine the criticism and interpretation related to Article 6-3 of the Housing Lease Act, which defines the reasons for refusal of renewal to the right to request renewal of tenants understood as the right to form. In the examination of this issue, I would like to look at some of the following points of view. First, the provisions that define the reasons for refusal of renewal are considered to be consistent with the original purpose of the Housing Lease Protection Act, but there is a question that the provisions themselves should be approved only for the protection of tenants. Second, it is necessary to reconsider whether the reasons for refusal of renewal reflect the actual housing market situation and transaction order, and whether there are any areas that can cause excessive interference in private autonomy. Third, it is necessary to look at whether it is stipulated in a form that can fully reflect changes in the residential environment from the perspective of the need for evaluation. In conclusion, based on this awareness of the problem, this paper examined the problems of the application of individual types to reasons for refusal of renewal under the current Housing Lease Protection Act and the improvement plan.

참고자료

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