Succession to Right of Lease
Where a lessee dies without a successor- If a lessee dies without a successor, any person who has a de facto marital relationship and has lived together with the lessee in the leased house shall solely succeed to the rights and obligations of the lessee (Article 9 (1) of the Housing Lease Protection Act).
※ "Living together" means living together with the lessee as a member of the family.
- If a lessee dies and there is no person who has a de facto marital relationship and has lived together with the lessee as a member of the family in the leased house, the inherited properties including the right of lease shall be escheated to the State (Article 1058 (1) of the Civil Act).
Where a lessee dies and there is a successor- Where a successor has been living together with the lessee as a member of the family in the leased house at the time of the lessee's death, the right of lease shall not be succeeded by the person who has a de facto marital relationship but by the successor (Articles 1000, 1001 and 1003 of the Civil Act).
- When a lessee has deceased, if the successor has not been living together with the lessee as a member of the family in the leased house at the time of his/her death, any person having the de facto marital relationship with the lessee, and the relatives within the second degree of relationship therewith, who have lived together with him/her in the leased house, shall jointly succeed to the rights and obligations of the lessee (Article 9 (2) of the Housing Lease Protection Act).