Chapter 1 Housing Lease

1.
If a tenant conducts a direct transaction without a licensed real estate agent, it is risky in many ways.
19
2.
Homebuyers must check whether the tenant's security deposit return claim has been seized.
22
3.
In principle, special provisions exempting the building lessor from the obligation to make repairs are also valid.
25
4.
Tenants are granted the right to request renewal only once.
26
5.
Even if a temporary move to a home is made, the right to object may be lost.
29
6.
If you enter into a lease agreement with a trustee under the Trust Act, you may face difficulties in securing the deposit.
32
7.
The idea that tenants are taking advantage of the small deposit priority system should be abandoned.
35

Chapter 2 Commercial Building Lease

8.
The deposit or monthly rent increase limit for commercial properties is not always 5%.
38
9.
The lessor's obligation to maintain the leased property in a profitable condition is recognized regardless of whether the lessor is at fault.
41
10.
In the case of ‘requesting an increase or decrease in rent, etc.’, if an agreement is reached to exceed the increase standard, the excess portion is invalid.
44
11.
If a tenant is late with paying three installments of monthly rent, his or her major rights will be revoked.
46
12.
The landlord may refuse to recover the key money due to a combination of reasons, such as reconstruction reasons and non-use for commercial purposes for more than 1 year and 6 months.
49
13.
The biggest difference between renewal by request for contract renewal and renewal by tacit consent is the extension period after renewal.
54
14.
In addition to the exemption clause for the tenant's obligation to restore to the original condition, it is also possible to recognize the exemption clause for the obligation to restore to the original condition through interpretation.
56

Chapter 3 Real Estate Transactions

15.
If the seized real estate is purchased, and the seizing party wins the lawsuit, the purchaser loses ownership.
60
16.
In real estate transactions, if an unauthorized agent fails to obtain the principal's ratification, he or she may be held liable for performance of the contract.
62
17.
Joint investments in land for the purpose of profiteering must be made with caution as various legal principles may apply.
64
18.
There are ways to protect the first buyer in a real estate double sale.
68

Chapter 4 Real Estate Donations

19.
If the transfer of ownership is registered before the real estate donation, there are cases where the donation can be withdrawn.
72

Chapter 5 Contract

20.
Let's find out how to terminate a contract and a deposit contract.
77
21.
There are cases where it is possible to request a refund of the deposit paid.
80
Chapter 6 Cancellation of Real Estate Contracts

22.
Partial cancellation may be permitted for a mistake of motive common to both parties.
85
23.
Not only is it possible to reach an agreement to terminate a contract in a state of fluid invalidity, but it is also possible to cancel an agreement to terminate a contract by mistake.
89
24.
A sales contract may be cancelled due to an error in the status and boundaries of the land caused by the land seller.
91

Chapter 7 Invalidity of Real Estate Contracts

25.
There are several ways to resolve the floating invalidity status in land transactions in land transaction permit zones.
94
26.
Even in the case of a floating invalidity in a land transaction in a land transaction permit zone, cancellation of the cancellation fee is possible.
97
27.
If you attempt to exclude or usurp permission from the beginning while selling land within a permitted area, it is absolutely invalid.
101
28.
A transfer of ownership registration based on a donation intended to evade a land transaction permit is invalid.
103
29.
Let's organize the effects of land transactions within the land transaction permit zone by type.
107

Chapter 8 Termination/Cancellation of Real Estate Contracts

30.
Let's look at the types of termination of a real estate sales contract and examine termination by agreement in detail.
111
31.
Let's learn about the legal principles of restoration to original condition due to cancellation of a real estate sales contract.
115
32.
In principle, if a seizure of real estate is executed before the balance payment, the balance payment can only be refused and the contract cannot be cancelled.
117
33.
If the purpose of purchasing real estate is clear, it is advisable to write that purpose in the contract and include a special clause that allows for termination of the contract if the purpose cannot be achieved.
120
34.
Let's examine the effect of a special clause in a real estate sales contract that automatically terminates the contract if the down payment or balance is not paid. 122
35.
Even if performance commences before the performance period, cancellation by cancellation fee is not permitted in principle.
125
36.
Since cancellation of the cancellation fee is only possible before commencement of performance, let's examine the meaning of commencement of performance.
128

Chapter 9 Real Estate Brokerage

37.
Let's take a look at the major trends in real estate brokerage accidents.
131
38.
The brokerage of a key money contract by a certified real estate agent is a violation of administrative law.
134
39.
A licensed real estate agent is not obligated to explain the legal nature of the assumption of a security deposit obligation.
137
40.
When renting a multi-family home, you must check the deposit details of the first-priority tenants.
141

Chapter 10 Real Estate Ownership

41.
The legal principle of limiting the exercise of the landowner's exclusive use and profit rights limits the landowner's rights, so that even claims for land rent are not recognized.
145
42.
The difference between the restriction of the landowner's exclusive use and profit rights and the recognition of abuse of rights becomes the issue of whether rent can be claimed.
147
43.
The concept of a right of way presupposes that the right of way is always fixed to a specific location, but this is not the case with the right of way over surrounding land.
150
44.
In principle, invalid registration is resolved through a request for cancellation of registration, but it may be necessary to utilize the right to request transfer of ownership registration based on restoration of true title.
153
45.
A landowner may demand demolition of a building from an unauthorized building owner, but cannot demand eviction from the building.
156

Chapter 11 Shared Real Estate

46.
Let's distinguish between the concepts of sole ownership, separate ownership, separate ownership co-ownership, and co-ownership.
160
47.
If an agreement on the division of shared property is not reached, a lawsuit for division of shared property is filed, and in this case, division in kind is the principle.
162
48.
There is a difference between the co-ownership principle under civil law and the co-ownership principle of collective building land.
164
49.
The method of dividing shared land with separate ownership must be through mutual trust termination rather than through the method of dividing shared property.
168
50.
The lease of a shared building is a management act decided by a majority of the shares.
170
51.
An act that benefits all co-owners is called an act of preservation of the common property, and an act of preservation can be performed by a co-owner alone.
172
52.
In cases where a minority shareholder exclusively uses a shared property, other shareholder holders may claim for exclusion of interference and return of unjust enrichment based on their share ownership.
174

Chapter 12: Prescription for Acquisition of Real Estate

53.
In principle, prescription of acquisition is not recognized even if one co-owner possesses all of the shared land, but there are exceptions.
177
54.
If my building occupies part of another person's land, let's examine the possibility of acquisitive prescription for the occupied portion on a case-by-case basis.
179
55.
In the prescription for acquisition of possession, self-possession is determined by the right to possession.
181
56.
Let us examine the possibility of the clan acquiring land through prescription for the land that has been assessed.
183
57.
A person who purchases land from an unauthorized person may acquire ownership through the completion of the statute of limitations on acquisition. How are the original owners protected? 186

Chapter 13 Real Estate Trust

58.
When determining whether or not a trust has been established, the most important factor is who holds the registration certificate for the real estate.
190
59.
In the case of a trust contract in the name of a seller prior to the Real Estate Real-Name System Act, there is a possibility that the trustor may claim the return of unjust enrichment for the real estate itself.
192
60.
In a trust contract with the seller's good faith, the trustor can request the trustee to return the purchase funds, acquisition tax, registration tax, etc.
196
61.
In a trust between two parties or a trust between three parties, if the trustee disposes of the trust property at will, the trustor will be held liable for the tort.
199
62.
In a three-party trust, if the trustee disposes of the trust property at will, the trustor may directly file a claim for return of unjust enrichment against the trustee.
200
63.
An agreement that nullifies Article 4 of the Real Estate Real-Name Transaction Act regarding a trust under a seller's good faith contract is invalid.
202
64.
In a three-party trust, if the trustee voluntarily transfers the registration to the trustor, it is valid.
204

Chapter 14 Real Estate Trust

65.
Although real estate collateral trusts and real estate guarantees are different, the provisions regarding subrogation of the payer of real estate collateral trusts also apply to real estate collateral trusts.
206
66.
In a real estate collateral trust, the trustee's act of shortening payment may be an illegal act to the person with the right of attachment.
208

Chapter 15 Statutory Land Rights and Grave Site Rights

67.
Even if a statutory ground rent is established by executing a mortgage on a building under construction, a claim for rent can be made.
212
68.
Let's find out how to respond, such as by filing a claim for extinction by the landowner, in cases where a statutory ground rent has been established by custom.
214
69.
Let's look at an example of a statutory ground rent that is established even for unlicensed and unregistered buildings.
217
70.
If the land is solely owned, there is a high possibility of establishing a statutory superficies for a building, but if it is jointly owned, the possibility of establishing a statutory superficies is low.
219
71.
Let's check the types of cemetery site rights, scope of establishment, land rent, excavation (demolition) claim, extinction claim, etc.
222
72.
The other party to a claim for grave excavation is the person with the right to manage and dispose of the grave, i.e. the owner of the grave.
225

Chapter 16, three volumes

73.
A leasehold interest in real estate and a mortgage interest are different concepts, so let's look at the difference.
228
74.
Due to the nature of the collateral right, separate transfer of the leasehold right and the lease deposit return claim is not permitted in principle.
230
75.
In a commercial lease with monthly rent and a deposit, if the landlord registers a leasehold right with the deposit as a key money deposit at the request of the tenant, the landlord may face a dangerous situation.
232


Chapter 17 Child custody rights

76.
Let's look at the specific meaning of the indivisibility of kindergarten rights.
235
77.
Unlike seizure of real estate or seizure for delinquent payment, it is difficult to assert a lien if the requirements for lien are met after seizure of real estate.
237
78.
The exclusion clause is valid and may be effective even for persons who are not parties to the clause.
240

Chapter 18 Mortgage and Pledge

79.
Among the joint surety, notarized certificate and (next) mortgage, (next) mortgage is the most reliable method of security.
242
80.
Even if the debtor makes full payment before the secured debt is confirmed, the mortgage is not extinguished.
244
81.
In principle, when the secured debt is extinguished, the mortgage is also extinguished due to its accessory nature, but the accessory nature of the underlying mortgage is mitigated.
246
82.
Let's learn about the specification and determination of the claim amount in an auction for the enforcement of a security right, i.e., a voluntary auction.
248
83.
It is also possible to request a suspension of construction work based on a land mortgage.
250

Chapter 19 Transfer of Collateral and Collateral Registration

84.
In the case where a provisional registration has been completed to secure the purchase price, it is interpreted as a weak transfer of security with the assumption of settlement.
254
85.
In cases where the transfer of a building is subject to the application of the Mortgage Act, the land occupant becomes the transfer mortgage holder.
257

Chapter 20 Real Estate Auctions

86.
We will examine the basic principles of real estate rights analysis in real estate auctions.
260
87.
Let's find out what is acquired and what is extinguished in the analysis of rights in real estate auctions.
263
88.
Even if the right to claim a lump sum auction is recognized under Article 365 of the Civil Act, only the land may be auctioned.
265
89.
In the case where an apartment building is auctioned, the principle is that any mortgage that existed on the land before the apartment building was constructed is extinguished by the auction.
267

Chapter 21: Multi-family buildings

90.
If the boundary of a multi-unit building is destroyed and its restoration is not easy, the separate ownership rights may be consolidated.
270
91.
In principle, those who have suffered damage due to water leakage in an apartment must raise the issue with the residents' representative meeting, and the residents' representative meeting must prove that the defect did not exist in the common area.
272
92.
According to the Apartment Building Act, a management team is established without the need for organizational action, but some common area management teams require organizational action for their establishment.
274
93.
The prohibition on separate disposal under the Apartment Building Act is valid if the unit owner disposed of the land use right by separating it from the exclusive portion before the provision was applied.
276
94.
In a multi-unit building, preservation actions can be carried out by each unit owner, but management actions must be resolved through a regular general meeting.
278

Chapter 22: Clan Real Estate

95.
If you have confirmed that the land in the name of the individual you wish to purchase is owned by a clan, you must check whether the clan has gone through the proper procedures, such as passing a resolution to sell at a general meeting.
281
96.
The clan representative cannot dispose of the clan's property alone; he must go through the procedures stipulated in the clan regulations or a resolution of the clan general meeting.
283
97.
If a clan worships two common ancestors, it is likely to be judged as a ‘clan-like organization’ rather than a ‘clan’ in legal terms.
284
98.
Even in cases where the ownership of land is transferred to a clan through a special law due to a sale or other cause other than termination of a trust, the presumptive power of registration is strong.
288

Chapter 23 Compulsory Performance Fines and Compensation

99.
The enforcement fine is not a sanction for the law, but a means of pressure to force compliance.
291
100.
In case of unauthorized occupation of national or local government land, compensation may be imposed.
293

As the title suggests, this book is an 'introductory book to real estate law', and it explains 100 key topics that the author selected from among the laws and case laws related to real estate that he believes would be useful for those who are studying real estate law for the first time and in earnest.

This book is based on the contents of the author's previous book, "Issues in Real Estate Disputes (3rd Edition)".
In other words, the book 『Issues in Real Estate Disputes』 written by the author has been transformed into a specialized book in terms of its length and difficulty level as it has been reprinted, making it difficult for those who are studying real estate law for the first time to understand it.
Accordingly, the author planned this book because he believed that those who wish to study real estate law for the first time need an introductory book on real estate law that is easier to approach in terms of length and difficulty.

The current situation makes it impossible not to study real estate law.
For many people, their home is their entire personal property, and for those who do not own a home, the deposit for housing (the right to claim the return of the deposit) is their entire personal property, so they cannot live normally without knowing anything about real estate law.

Despite these circumstances, it is difficult to find a comprehensive introductory book on real estate law, including real estate dispute cases, except for fragmentary real estate common sense books.
After opening a law firm in 2007, I have been working as a real estate lawyer since 2010. I have been handling trials, writing books, and lecturing on real estate law at universities and on YouTube.

Based on the author's experience, this book selects 100 core topics from the contents of the author's existing book, "Issues in Real Estate Disputes," and changes and revises the titles and contents of each topic to make them easier to understand. It is a book that focuses on core topics that those who wish to study real estate law in earnest should know, even if the content may be somewhat difficult.


Even those who currently own a house and only have a security deposit (or a security deposit return claim) may eventually own their own home. This book also provides an indirect look into the legal issues that may arise when owning real estate such as a house, commercial building, or land.
This book is limited to 100 core topics, but it covers real estate law and real estate law disputes in general.
Of course, even experts (lawyers, judicial scriveners, real estate appraisers, licensed real estate agents, administrative scriveners, etc.) who find the author's previous book, "Issues in Real Estate Disputes," which has been transformed into a specialized book with a lot of content and a large volume, burdensome can use this book to confirm the core topics of current real estate law and real estate law disputes.

If this book is revised in the future, the author plans to adjust its length while maintaining the book's characteristic of 100 core topics, even if some topics are replaced with issues that were problematic at the time of revision.
The purpose and goal of this book is to provide basic knowledge of real estate law and real estate law disputes to those who are studying real estate law for the first time and in earnest.

We hope that this book will serve as an essential introduction to real estate law for those interested in it and serve as a guardian of their assets.
I also plan to continue providing YouTube lectures (Channel name: Real Estate Specialist Attorney Seungjoo Lee's Civil Law Classroom) to help readers understand this book.

Lastly, I would like to express my love to my wife, Attorney Yang Yeon-sun, who runs a law firm with me (specializing in family law including inheritance, divorce, and guardianship), my eldest daughter, who entered college this year and is adjusting well while actively participating in club activities, and my second son, who is enjoying his love of soccer as well as his studies.

2025.
10.
10.
At the Seocho-dong office
Attorney Lee Seung-ju