South KoreaIs 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 the Law Says
South Korean law permits the resale of pre-sale rights (also called 'reservation rights') for apartments and other housing units under construction, but only if strict statutory conditions are met.
Under the Act on Regulation of Terms and Conditions of Real Estate Sales (the 'Real Estate Sales Act'), a buyer who has signed a pre-sale contract may transfer their rights to a third party — but only with the prior written consent of the construction company (developer).
After obtaining consent, the transferee must register the transfer with the competent local government office within 30 days. Failure to register renders the transfer ineffective against third parties and may trigger penalties.
The Act explicitly prohibits speculative resale without consent or registration. Violators face criminal liability, including imprisonment up to one year or a fine up to ₩30 million — or both.
Statutory TextNo person shall transfer reservation rights without the written consent of the construction business operator.
— Act on Regulation of Terms and Conditions of Real Estate Sales, s. 12 — Prohibition of Transfer Without Consent
Statutory TextA person who transfers reservation rights shall register such transfer with the head of the relevant Si/Gun/Gu within thirty days from the date of transfer.
— Act on Regulation of Terms and Conditions of Real Estate Sales, s. 13 — Registration Requirement
Statutory TextAny person who violates Article 12 or Article 13 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding thirty million won.
— Act on Regulation of Terms and Conditions of Real Estate Sales, s. 24 — Penalty
What to Do
Obtain written consent from the construction company before any agreement to transfer.
Execute a formal transfer agreement with the buyer.
Register the transfer at the local Si/Gun/Gu office within 30 days.
Keep proof of consent and registration for future reference.
Consult a licensed real estate attorney to ensure compliance with local ordinances and tax obligations.
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.