임차인의 갱신요구 후 임차주택을 양수한 자가 자신의 실거주를 이유로 갱신을 거절할 수 있는지 여부

Abstract

The subject judgment is a matter of justifiable reasons for the landlord to refuse to renew the contract, and the plaintiff who exercised the right to refuse to renew the contract is not a party to the lease contract, but the “buyer of the lease house.” In other words, the issue of this issue is which of the lessors who have signed a lease contract with the buyer of the rental house can exercise the right to refuse contract renewal based on justifiable reasons.
 The judgment on the subject of the study ruled that even if the tenant requested a contract renewal, the landlord could reject the tenant's request for contract renewal for the reason of actual residence pursuant to Article 6-3 (1) 8 of the Housing Lease Act, and if the transferee of the rental housing who succeeded the landlord's status pursuant to Article 3 (4) of the same Act intends to actually reside in the house, he could claim the reason for refusal of renewal under subparagraph 8 above within the period of refusal of renewal above.
 The study target judgment is the first unification of lower court judgments divided into conflicting views by the Supreme Court, and is a very valid judgment when the contents, system, and legislative purposes of related regulations such as Articles 6 and 6-3 of the Housing Lease Act are combined.