Right to Demand Purchase of Accessories
Lessee's right to demand purchase of accessories
- If the lessee of a leased house has attached an Article to such house with the consent of the lessor or purchased accessories from the lessor for the benefit of the lessee's use, the lessee may demand that the lessor purchases such accessories at the time when the contract of lease terminates (Article 646 of the Civil Act).
※ Accessories mean objects attached to a building which are owned by a lessee, and do not become the components of the building but bring objective benefit.
Sublessee's right to demand purchase of accessories
- If the lessee has lawfully subleased a leased house, and the sublessee has attached an Article to the leased house with the consent of the lessor for the benefit of the sublessee's use, the sublessee may demand that the lessor purchases such accessories at the time when the contract of sublease terminates. In addition, the sublessee may demand that the lessor purchases the accessories purchased from the lessor or purchased from the lessee with the consent of the lessor (Article 647 of the Civil Act).
Exercise of Right to Demand Purchase of Accessories
Timing to exercise the right
- There is no restriction on timing to exercise the right to demand the purchase of accessories. The purchase of accessories may be demanded unless the right to demand the purchase is renounced, even after the leased house is returned with the termination of the lease.
The other party
- A lessee may demand that the lessor who has agreed to the attachment of accessories or, if the right of the lease has the opposing power, any person who has succeeded to the status of the lessor from such lessor purchases the accessories.
Restriction on right to demand purchase of accessories
- Where a lessee has not fulfilled his/her obligations such as the rent in arrears, etc., the lessee's right to demand the purchase of accessories shall not be acknowledged (Supreme Court Decision, January 23, 1990, 88 Daka 7245 and 88 Daka 7252).
Effect of Right to Demand Purchase of Accessories
Where a lessee demands the purchase of accessories in writing or orally, a contract of sale shall come into existence.
Any agreement entered by the parties in contravention of the provisions relating to the right to demand the purchase of accessories which is unfavorable to the lessee shall be void (Article 652 of the Civil Act).