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A Study of the Prior Application of a Civil Special Laws about Building Lease

  • Korea Real Estate Review
  • 2015, 25(4), pp.63-73
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

권영수 1,  Kim， Woong 1

1서일대학교

Accredited

ABSTRACT

There are two special laws for a building in Korea, for residential and commercial use. But it is confusing as to which law should be applied first between those two laws, because the judicial precedents have been based on the substantial relationship rather than its official documents in the application of such special laws. This problem could be confirmed through the case shown in the office building and the judicial precedents. Now I think it makes sense to raise the priority criteria applicable to the combined building by the legislative way. Most of all, ‘legislative settlement’ can be seen as the method for minimization of unneeded argument. Therefore, in the case of both residential and commercial use, it is good to revision of the Law on Commercial Building Lease Protection; applying the Law on Commercial Building Lease Protection first, then applying the Law on Housing Lease Protection only if the residential portion is the tenant’s only residential space. This solution will be get along with previous judicial precedents and reduce the uncertainty. To sum up, such constant efforts are expected to reduce unnecessary dispute and to become a system which reflects the reality better.

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