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rental protection law guarantees the right to claim so that those who live in cheonsei or monthly rent can extend the contract. However, an exception was made when the owner of the house said that he would move into the house and live there. However, it was difficult to confirm whether they actually moved in and lived there, so there were frequent disputes.



This is reporter Han So-hee.



<Reporter>



In September 2020, immediately after the introduction of the tenant's right to apply for contract renewal.



The landlord, Mr. A, asked the tenant, Mr. B, to vacate the house because he was going to live in himself.



The tenant persisted, demanding proof from the landlord that they would actually live there, and the landlord eventually sued the tenant to vacate the house.



The issue was who could prove that the landlord would actually move in and live, but the court ruled in favor of the landlord.



Because the actual residence is the landlord's subjective intention for future work, it is not easy to prove objectively, and the burden of proof lies with the tenant who suspects the actual residence.



[Nari Hong/Mr. A's legal representative: He argued that it was too unfair for the lessor to live in his house because he did not prove it. The court recognized that... .]



One word from the landlord that he wants to move in is a judgment that the tenant must vacate the house, but it is frustrating for tenants who have no way to prove the landlord's real residence.



[Mr. C / Tenant: Saying that they can come back at any time is a bit intimidating from our point of view.

The advantage belongs to the landlord, so I have no choice but to meet (contract terms)...

.]



If the landlord deceives the tenant and leases to a third party, the landlord is obliged to compensate the tenant for damages, but it is not easy for the tenant to actually file a lawsuit.



[Kim Dae-jin / Tenant 114 Attorney: The amount of compensation has been increased (must be) to the extent that it is impossible to make a false real residence claim to the extent of compulsion.]



When the landlord moves out the tenant under the name of real residence, the government provides the tenant with the rental information of the house We are working on ways to inform the public.



There is also a need to speed up the discussion as a related bill has been proposed that stipulates the landlord's obligation to prove real residence by law.



(Video coverage: Cho Chang-hyun, video editing: Hwang Ji-young)