South Korea

Can I sell just the land without the building?

1 unified asset
Legal status
Article 57
REA section
30 days
Registration deadline
Penalty: ₩10M
Fine for violation
The Short Answer

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.

What the Law Says

South Korean law treats land and buildings erected on it as a single immovable property unit, making separate ownership or sale legally impermissible unless specific exceptions apply.

Under the Real Estate Registration Act (REA), land and buildings on that land are presumed to belong to the same owner and constitute one integrated immovable property. This principle prevents splitting ownership or transferring only one component independently.

Article 57 of the REA explicitly states that 'a building erected on land shall be deemed part of the land', meaning the building follows the legal fate of the land — including transfer, registration, and taxation.

Any attempt to register a building separately from its underlying land — or vice versa — is invalid unless authorized by special provisions (e.g., certain long-term leasehold rights under the Act on Special Cases Concerning the Lease of Buildings), which do not permit outright sale of land without the building.

Statutory Text

A building erected on land shall be deemed part of the land.

Real Estate Registration Act, Art. 57 — General Principle on Buildings and Land

What to Do

1

Confirm current registration status at the local Legal Affairs Bureau (법무부 관할 등기소).

2

If you wish to transfer value separately, consider leasing the building while retaining land ownership — subject to written contract and registration.

3

For redevelopment or demolition scenarios, obtain prior approval and update registration within 30 days under Article 58 of the REA.

4

Consult a licensed Korean real estate attorney before drafting any agreement involving partial transfer.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.