South KoreaProperty
Property law, conveyancing, strata management
25 questions
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Registration Rules
(5)What happens if I don't register a real estate purchase?
If you don’t register a real estate purchase in South Korea, you do not acquire legal ownership—even if you paid in full—and cannot enforce your rights against third parties or the seller’s creditors.
What is the effect of a provisional registration?
A provisional registration in South Korea grants the applicant priority rights from the filing date, but does not confer full ownership or enforceable rights until final registration is completed.
What is a security provisional registration?
A security provisional registration is a temporary, legally recognized registration of a security interest (e.g., mortgage or pledge) made before the formal registration requirements are fully satisfied, granting priority from the time of provisional filing.
What are the disadvantages of not registering inherited?
Not registering inherited property in South Korea prevents you from legally proving ownership, selling or mortgaging the property, and may lead to tax penalties or disputes with other heirs.
What's the difference between jeonse right registration?
Jeonse right registration is a formal, publicly recorded security interest in real property granted to a tenant who paid a large lump-sum deposit (jeonse), while lease right is a general contractual right to use property for rent, not requiring registration and offering weaker legal protection.
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Ownership & Rights
(4)What is acquisitive prescription (adverse possession)?
Acquisitive prescription (adverse possession) in South Korea is a legal method to acquire ownership of real property by openly, peacefully, and continuously possessing it for a statutory period—20 years for ordinary cases or 10 years if done in good faith and with just title.
What is an easement (servitude)?
An easement (servitude) in South Korea is a legal right that allows one party to use another’s land for a specific purpose, such as passage or utility installation, without owning it.
What is a statutory surface right?
A statutory surface right is a legal right to use the surface of land owned by another person, created automatically by law—not by agreement—when certain conditions are met, such as for utility installations or public infrastructure.
What is the right to a grave site?
In South Korea, the right to a grave site is not an absolute property right but a limited, time-bound right granted under the Funeral Services Act and related regulations, typically for 15–20 years with possible renewal.
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Contracts & Disputes
(4)The seller isn't fulfilling the contract.
If a seller in South Korea fails to fulfill a sales contract, the buyer may demand performance, cancel the contract, or claim damages under the Korean Civil Act.
What if no real estate brokerage contract is written?
In South Korea, a real estate brokerage contract must be in writing to be valid and enforceable; oral agreements are not legally recognized for brokerage services involving real property.
How do you resolve a land boundary dispute?
In South Korea, land boundary disputes are resolved through mutual agreement, mediation by the municipal boundary dispute mediation committee, or litigation in district court.
What are the conditions for exercising a lien?
In South Korea, a lien may be exercised when a person lawfully possesses another's movable property and has a claim arising from that property, provided the claim is due and unpaid.
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Pre-Sale & Redevelopment
(4)What is the penalty for cancelling an apartment pre-sale?
If a buyer cancels an apartment pre-sale contract in South Korea without just cause, they forfeit 10% of the purchase price as a penalty; if the seller cancels without just cause, they must pay double the deposit.
What is a union member's status in a redevelopment zone?
A union member in a redevelopment zone retains full labor rights and cannot be dismissed or disadvantaged solely due to the redevelopment. Their employment relationship remains governed by the Labor Standards Act and the Act on Promotion of Urban Regeneration.
Is resale of pre-sale rights legal?
Yes, resale of pre-sale rights is legal in South Korea, but only after the construction company’s written consent and registration with the local government.
What is the land acquisition procedure for public projects?
In South Korea, land acquisition for public projects follows a statutory procedure under the Land Acquisition Act, involving project approval, designation of acquisition area, negotiation, and, if needed, compulsory acquisition through administrative decision.
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Fraud & Acquisition
(4)The compensation for land acquisition is too low. How do I?
You can file a written objection to the land acquisition authority within 30 days of receiving the compensation notice. If unresolved, you may request arbitration by the Land Acquisition Arbitration Committee or file a lawsuit within 90 days.
I was a victim of real estate fraud. Can I reclaim?
Yes, you may reclaim ownership if the fraudulent transfer is void or voidable under South Korean law — but you must act within strict time limits, typically 5 years from discovery.
There's a mortgage set up. Is this a problem for sale.
Yes, a mortgage generally prevents free sale of the property unless the mortgagee consents or the debt is repaid. The buyer may assume the mortgage only with the creditor’s written consent.
What is the obligation to report actual transaction prices?
In South Korea, real estate sellers and brokers must report actual transaction prices to the local government within 30 days of contract execution.
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Co-Ownership & Transfers
(3)Can I dispose of co-owned property alone?
No, you cannot dispose of co-owned property alone in South Korea without the consent of all co-owners, unless otherwise agreed or permitted by law.
Can I sell just the land without the building?
No, in South Korea you generally cannot sell the land without the building — they are legally considered one unified property under the Real Estate Registration Act.
Prices surged after the sales contract. Can I cancel?
Generally, no — a price surge after signing a sales contract does not automatically allow cancellation unless the contract includes a price adjustment clause or exceptional circumstances like force majeure apply.