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Current Status of Lease 2 Act and Proposal of Alternatives - Focusing on case studies of disputes -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(4), pp.277-299
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : September 22, 2022
  • Accepted : November 21, 2022
  • Published : November 30, 2022

shin se duck 1

1대림대학교

Accredited

ABSTRACT

Two years have passed since the Lease 3 Act came into effect. The Lease 2 Act (right to apply for contract renewal, limit system for the previous month) was fully implemented from July 31, 2020, and the lease report system has been implemented from June 2021 with a grace period of one year. At the time of the Moon Jae-in administration, an urgent policy was needed as a policy to protect tenants due to the surge in house prices and jeonse prices. can do. As it was implemented urgently, concerns and criticisms arose from the beginning of the implementation of the 3rd Lease Act. At this point, two years after the enforcement of the 2nd Lease Act, various measures are being sought, such as the need to abolish the 2nd Lease Act, review it, and revise and supplement it. However, in the real estate market, the sale price is falling, the transaction volume is also drastically reduced, and as a result, the jeonse is also falling. We were concerned about the increase in rent and the difficulty of jeonse due to the exercise of the right to renew the contract, but it has turned into a situation where we have to worry about the difficulty of reverse taxation. In such a market situation, if the Lease 2 Act is repealed, amended, or supplemented to protect the lessor's basic rights, if the real estate market stagnation continues, the damage to the lessor is likely to be further aggravated by reverse taxation. Therefore, at this point, I believe that the Lease 2 Act should be maintained. In addition, in a situation where there are many disputes over whether or not to reside in the real estate, which is the reason for the landlord's refusal to exercise the right to request a contract renewal, the lower courts have mixed judgments. From a macro perspective, now is the right time to review and implement the abolition of the Jeonse system by amending the lease period of Article 4 of the Housing Lease Protection Act to three or four years from a macro perspective, when the sale price has fallen and the real estate market is in the early stages of a recession.

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