Supreme Court Decision 2019Da227732 Decided February 10, 2022 【Lawsuit Seeking Confirmation of Invalidation of Contract Rescission】

【Main Issues and Holdings】
[1] Whether a legal relationship in the past can become the subject matter of a lawsuit for confirmation (negative)
[2] Nature of “six months from the date of notification” prescribed in Article 47(2)4 Item (a) of the former Enforcement Decree of the Special Act on Public Housing (held: a statutory grace period exceptionally provided for tenancy protection)
In a case where a tenant was notified within six months before the termination of the tenancy period and the end date of the tenancy arrived while the issue of whether to dispose of the subsequently acquired house was left undecided and there were remaining days in a grace period, whether the public housing project operator may refuse to renew the tenancy agreement on the grounds stated in the notification above (negative)
In a case where a tenant has not disposed of the house until six months had passed from the date of notification, whether the public housing project operator may revoke or rescind the tenancy agreement even after the renewal of the tenancy agreement (affirmative)