MoneyLog｜부동산·경제 인사이트

1. 집주인이 "직접 살겠다"면 무조건 나가야 할까?
2. 주택 임대차, 실거주 갱신거절의 진실
3. 상가 임대차, 권리금은 어떻게 보호될까?
4. 세입자가 반드시 확보해야 할 증거
5. 한눈에 보는 대응 체크리스트

Many tenants feel pressured when they hear statements like:

"I plan to move into the property myself, so I won't renew the lease."

Commercial tenants may hear something similar:

"I will run my own business here, so I won't accept a new tenant."

Does this automatically mean the tenant must leave?

Not necessarily.

Recent Supreme Court decisions have strengthened tenant protections in both residential and commercial leases. A landlord's simple statement that they intend to use the property themselves is not automatically accepted as a valid legal reason.

For residential leases, the landlord must prove that the intention to occupy the property is genuine. For commercial leases, a landlord cannot simply eliminate a tenant's opportunity to recover key money by claiming they plan to operate their own business.

In this article, we will examine recent court rulings and explain what rights tenants have when a landlord claims personal use of the property, as well as what evidence should be preserved to protect those rights.

Must a Tenant Leave If the Landlord Wants to Move In?

Many tenants believe they must immediately vacate a property when a landlord claims they intend to move in.

However, the law provides stronger protection than many people realize.

Under Korean housing lease law, tenants generally have the right to request a lease renewal. A landlord may refuse renewal only under specific legal circumstances.

One of those exceptions is when the landlord or a close family member genuinely intends to live in the property.

The key issue is whether that intention is real.

Recent court decisions emphasize that the landlord bears the burden of proving genuine occupancy plans.

Courts may consider:

• Current residence of the landlord
• Workplace and daily living area
• Family circumstances
• Resident registration transfer plans
• Moving preparations
• Any actions inconsistent with the occupancy claim

If the landlord later rents the property to someone else instead of moving in, the tenant may have grounds to seek damages.

When Can a Tenant Claim Damages?

Not every owner-occupancy claim is unlawful.

A landlord may legally refuse lease renewal if they genuinely intend to live in the property.

Problems arise when the landlord uses owner occupancy as an excuse to remove the tenant and later rents the property to someone else or sells it.

In such cases, the tenant may be entitled to damages.

Possible damages may include:

• Moving expenses
• Real estate brokerage fees
• Additional housing costs
• Differences in rental costs
• Other provable financial losses

For this reason, tenants should keep copies of messages, contracts, receipts, and any evidence related to the landlord's occupancy claim.

Good documentation often becomes the most important factor in a legal dispute.

Commercial Leases and Key Money Protection

Commercial leases are treated differently from residential leases.

Even if a landlord claims that they plan to run their own business on the premises, that alone does not automatically justify blocking a tenant's opportunity to recover key money.

Key money represents more than a simple premium payment. It may include the value of business facilities, location advantages, customer relationships, and business goodwill accumulated over time.

Recent Supreme Court decisions have emphasized that a landlord's intention to operate a business personally is not, by itself, a sufficient reason to deny a tenant's opportunity to recover key money.

The Court also indicated that if a landlord clearly states they will not contract with any new tenant under any circumstances, the tenant may still seek damages even without introducing a replacement tenant.

This approach protects tenants from being forced into meaningless procedures when the landlord has already made their position clear.

Evidence Every Tenant Should Keep

In lease disputes, evidence often determines the outcome.

Verbal conversations can easily become disputed later, so written records are extremely important.

Residential tenants should keep messages, emails, notices, and records related to the landlord's owner-occupancy claim.

Commercial tenants should preserve evidence showing that the landlord refused to accept a new tenant or interfered with the tenant's ability to recover key money.

Maintaining a timeline of events can significantly strengthen a tenant's position if a dispute arises.

A simple text message confirming what was discussed may later become one of the strongest pieces of evidence available.