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A Study on the Assignment and Sublease of the Right to Lease in the U.S. Real Estate
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미국부동산에서 임차권의 양도와 전대에 대한 고찰

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Type
Academic journal
Author
Journal
전북대학교 동북아법연구소 동북아법연구 동북아법연구 제13권 제2호 KCI Accredited Journals
Published
2019.1
Pages
185 - 211 (27page)

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A Study on the Assignment and Sublease of the Right to Lease in the U.S. Real Estate
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In the U.S real estate, there are two methods for tenants to transfer their right to lease(leasehold estate) to a third party: assignment and sublease. If the lease contract does not contain anything about the transfer and consideration of the lease, it is deemed that the lease can be transferred without the consent of the lessor. And case law watching that the landlord must not restrict the assignment or sublease of the tenant for unreasonable reasons. On the contrary, Article 629, paragraph 1 of the korean Civil Code states that "tenants cannot transfer their rights of the assignment and sublease without the consent of the landlord." If the tenant violates it, the landlord can terminate the contract (Article 629, paragraph 2 of the Civil Code), which prevents the tenant from assignement or substituting the lease without the landlord's consent. As shown above, U.S. real estate leases are allowed to assignment and sublease of their lease rights freely, unlike the Korean rental system. In doing so, U.S. law is being enacted to make better use of the property rights of tenants and to protect the rights between them equally. Therefore, looking at the assignment and sublease of right to lease in U.S. real estate can be seen as having great implications in Korea's real estate leasing law. Therefore, based on the literature, such as the US Real Estate Lease Act and Case Law, this paper first examines the relationship between the assignment of lease rights and the interests of sublease in the US real estate. And then, by reviewing the implications of Korean law, we want to improve the real estate lease in Korea and to protect the tenants' rights.

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