Succession to Status of Lessor
Succession to status of lessor
- The assignee of a leased house and any person who has succeeded to the ownership of the leased house through inheritance, auction, etc. shall succeed to the status of the lessor (Article 3 (4) of the Housing Lease Protection Act).
- Even though a lessor, who is an assignor, and an assignee have concluded a contract including a special stipulation that the obligations of a lessor for the lessee are not succeeded, the stipulation shall be ineffective as it is unfavorable to the lessee (Article 10 of the Housing Lease Protection Act).
Where a Leased House is Transferred after a Lease Terminates
Where a leased house is transferred after a lease terminates
- In cases of a housing lease with the opposing power, even though a leased house is transferred after the lease terminates, the status of a lessor shall be succeeded by the assignee until a deposit is repaid to a lessee (Article 4 (2) of the Housing Lease Protection Act and Supreme Court's Decision dated September 4, 2002, Case No. 2001Da 64615).
Succession to Status of Lessor and Termination of Lease Contract
Succession to status of lessor and termination of lease contract
- A lessee with the opposing power for a leased house may keep using the leased house and taking profits therefrom even when the leased house is transferred (Articles 3 (1) and (4) of the Housing Lease Protection Act).
- Where the lessee who may oppose against the assignee of a leased house does not want to succeed to the status of the lessor and the leased house is auctioned off before the term of the lease expires, he/she may rescind the lease contract and claim a preferential repayment (Supreme Court's Decision dated September 2, 1998, Determination No. Ja 98Ma 100 and Supreme Court's Decision dated September 4, 2002, Case No. 2001Da 64615).