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Analysis of Dispute Resolution Differences between Housing and Commercial Leases

  • Korea Real Estate Review
  • 2021, 31(3), pp.73-87
  • DOI : 10.35136/krer.31.3.5
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Received : July 28, 2021
  • Accepted : September 10, 2021
  • Published : September 30, 2021

Yu, Gyeong-Ho 1 Seunghee Kim 2

1강원대학교 주거환경과 인간연구실
2강원대학교

Accredited

ABSTRACT

This study analyzed the difference between the housing and commercial leases, including the size of the dispute, dispute resolution, and determinants. The analysis is based on actual adjustment application data to resolve housing and commercial lease disputes. The results of the analysis are as follows. First, the size of the dispute is 0.05% for housing rental and 0.04% for commercial rental, indicating that housing rental disputes are 0.01% greater than commercial ones. The number of adjustment applications is around five times higher than the dispute over commercial lease. Second, differences exist in dispute resolution between the two leases, which are resolved at a rate of 8% higher in housing leases than that in commercial leases. Indeed, housing rentals are settled mainly on return bonds and small amounts. Meanwhile, commercial rentals are resolved in various ways, such as implementing and interpreting contracts, returning buildings, and returning deposit. However, cases of contract renewal, repair maintenance, and damage are difficult to solve. Third, the following are the significant determinants of dispute resolution: adjustment period (+), Seoul location (+), monthly rent (+), building return (+), and joint application (−). Moreover, the commercial rental vehicle is also significant. Accordingly, this study presented government policy implications, such as promoting dispute resolution and revising laws to overcome differences.

Citation status

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