Issues in real estate disputes
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Description
Book Introduction
The second edition of this book was published on June 30, 2023.
Two years have already passed.
In the meantime, a number of Supreme Court decisions related to real estate law were handed down.
Accordingly, the author has reviewed the Supreme Court ruling (2025) issued after the publication of the second edition.
7. This book was written by reflecting the Supreme Court precedents (up to the 15th) and the precedents of each court that I learned while working, as well as the author's additional practical experience.
Accordingly, in the third edition of this book, some existing issues were revised and supplemented, and approximately 150 issues were added.
Two years have already passed.
In the meantime, a number of Supreme Court decisions related to real estate law were handed down.
Accordingly, the author has reviewed the Supreme Court ruling (2025) issued after the publication of the second edition.
7. This book was written by reflecting the Supreme Court precedents (up to the 15th) and the precedents of each court that I learned while working, as well as the author's additional practical experience.
Accordingly, in the third edition of this book, some existing issues were revised and supplemented, and approximately 150 issues were added.
index
Chapter 1 General Housing Leases 1
1.
1. Things to keep in mind when concluding a lease agreement from the perspective of a home renter
2.
The Ministry of Justice in 2013.
Explanation 3 of the “Standard Housing Lease Agreement” announced on July 22nd
3.
5 Meanings of Residential Buildings for the Purposes of the Housing Lease Protection Act
4.
The employees stipulated in Article 3, Paragraph 3 of the Executive Officers Act are 6, excluding registered executives.
5.
8. Application for simultaneous performance defense and payment order for housing lease deposit
6.
Problem 9: Simultaneous performance of the obligation to deliver the house and the obligation to return the deposit
7.
Tenant's claim for special damages due to the landlord's failure to return the deposit 10.
8.
Issue 12 in a lawsuit demanding the return of a house by the lienholder's subrogation of the creditor
9.
16. Assignment of the leasehold transfer prohibition special agreement and the deposit return claim
10.
Attachment of a security deposit return claim and the status of the house transferee 16
11.
In case the remaining balance of the rental deposit subject to seizure is extinguished due to termination of the rental contract, 17
12.
Effect of the special agreement exempting the building landlord from the repair obligation 19
13.
The Importance of Tenants' Obligations to Notify When a Leased Building Needs Repairs 20
14.
Assignment of a Lease Deposit Claim and the Assignee's Rights 21
15.
Whether to recognize the preferential payment right of the assignee of the housing lease deposit return claim 22
16.
Legal Issues in Lease Agreements Written for Collateral Purposes 24
17.
Change of use to residential use and protection of small tenants 25
18.
Tin House and Tin Lease 27
19.
Real Estate Double Contract Fraud Case 28
20.
Termination of contract due to late payment of rent 30
21.
Loss of leasehold status due to contract termination, etc. and claim for title by new owner 31
22.
The meaning of the minimum two-year lease period provision stipulated in Article 4, Paragraph 1 of the Leasehold Act 32
23.
Tenant's right to request renewal under the Housing Lease Protection Act 33
24.
Mandatory provisions of the Public Housing Special Act 39
25.
Possibility of Priority Conversion of Public Construction Rental Housing to Illegal Assignees of Leasehold Rights 41
26.
The meaning of a tenant who is not a homeowner as defined in Article 21, Paragraph 1, Item 4 of the Old Rental Housing Act 43
27.
Whether a high-amount lease agreement with a tenant for the sale of a house is invalid 47
Chapter 2: Housing Leases: Opposition, Preferential Payment, and Application for Lease Registration Orders (51)
1.
The Meaning of Delivery and the Establishment of Preferential Payment Rights in Housing Leases 51
2.
Whether the obligation to return the deposit is extinguished when the landlord transfers the house to a corporation as the tenant 52
3.
Temporary move-out and resistance to housing 54
4.
56 Whether the existing right of opposition is maintained in the case of assignment or sublease of lease rights
5.
Under the Landlord Act, the right to oppose is limited to buildings, and the rights of landowners cannot be restricted. 58
6.
59. Housing Leases for Debt Collection Purposes and Their Opposition and Preferential Payment Rights
7.
Officetel residence, move-in report, and leasehold registration 60
8.
Housing Lease Agreement with Trustor or Trustee and Opposition 62
9.
Article 64 of the Trust Act: The power of opposition in cases where a lease agreement is concluded with a trustee
10.
67. Date of moving-in notification and confirmation for housing lease and priority of mortgage
11.
Article 68 of the Housing and Commercial Property Protection Act on the Succession of Leasehold Status and Tenant's Refusal to Succession
12.
If the lessee loses his/her right of objection just before the successful bidder acquires the property, claim for deposit 69
13.
Registration and allocation order according to the lease registration order for multi-family housing 71
14.
72 Lease of an apartment registered by a lease registration order
15.
Application for registration of housing lease rights for non-residential properties for study purposes 73
16.
Application for registration of lease rights and distribution order of tenants who have lost possession 74
17.
Tenant rights may also be recognized as having the right to object after the registration of the leasehold right. 76
18.
Third parties with an interest in the registration of the leasehold right and the lessee according to the leasehold right registration order 78
19.
The Pitfalls of Multifamily Housing and Priority Dividends 81
20.
Summary of Tenant's Priority Payment Rights under the Housing Lease Protection Act 83
Chapter 3 General Commercial Building Leases 87
1.
Legal Knowledge for Commercial Tenants 87
2.
The meaning of "commercial building" under the Commercial Building Lease Protection Act 89
3.
90 Methods of Commercial Lease Agreements in Cases of Planned Reconstruction
4.
Legal Relationships When a Commercial Tenant's Deposit Return Claim Is an Indivisible Claim 91
5.
Issue 95: Deposit or monthly rent increase limits for commercial properties
6.
The Meaning of the Lessor's Obligation to Maintain the Use and Profitability of the Leased Property 96
7.
Commercial Leases, Rent Payment Obligations, and Unjust Enrichment 99
8.
100% of rent payment range for tenants who have not received their deposit despite the end of the lease
9.
Possibility of claiming damages for unlawful possession by a tenant 101
10.
Opposition of some merchants at the former Noryangjin Market to the modernized market and the question of liability for damages.
11.
Delay Damages Agreement and Statute of Limitations for Monthly Rent 105
12.
Lease Agreement for Unfinished Building 106
13.
Real Estate Trusts and Commercial Leases 107
14.
Commercial Lease Dual Contract 110
15.
Claim for Commercial Name Registration and Completion of Business Closure Procedures 111
16.
Determination of Lease Agreement Period 112
17.
Non-use of leased property and obligation to pay monthly rent 113
18.
Termination of Lease, Actual Benefits, and Estimation of Damages 114
19.
Exceeding the increase standard for commercial rents, etc. and claiming unjust enrichment 115
20.
Building Tenant's Request for Refund of Necessary Expenses and Beneficial Expenses and Request for Purchase of Attachments 117
21.
Effect of an agreement waiving the tenant's right to purchase accessories 119
22.
Commercial tenant's right to purchase accessories 120
23.
Validity of the special provision regarding the extension of the contract in commercial leases 121
24.
Problem 123: When the Commercial Co-owner is the Lessor
25.
Commercial Lease for Temporary Use 125
26.
126 Status of the lessee for a portion (small part) of a commercial building
27.
Termination of contract due to rent arrears under the revised Commercial Building Lease Protection Act 127
28.
The Meaning of Three-Term Commercial Rent Delays 128
29.
130 Seizure of deposit and termination of contract by landlord
30.
131 Whether a commercial tenant can terminate a contract during the contract period
31.
Scope of damages to be compensated by the lessor in case the lease agreement is terminated due to the lessor's interference 132
32.
Amendments to the Commercial Building Lease Protection Act and Interpretation of the Supplementary Provisions of the Commercial Building Lease Protection Act 133
33.
136. Provisional execution and stay of execution in a lawsuit for damages, and how to respond in an appeal.
34.
Method of Calculating the Conversion Deposit for Multiple Buildings Leased in One Go 138
35.
140 Claim for damages against the landlord or other occupants of the building by a tenant who suffered fire damage
36.
Even if the power is cut off according to the agreement, it can be considered obstruction of business. 143
37.
The Meaning of the Special Agreement on the Maintenance of Obligations between the Landlord and Tenant Until the Final Judgment 144
Chapter 4: Commercial Building Lease Key Money, Contract Renewal, and Restoration 147
1.
Confirmation of key money agreement and lease terms 147
2.
Possibility of refund of royalties 148
3.
150 Regarding the Ministry of Justice press release on commercial property rights dated September 24, 2014
4.
Whether the auction winner is responsible for the commercial property right fee 150
5.
Key money protection under the revised Commercial Building Lease Protection Act 151
6.
Validity of the Agreement Not Recognizing a Royalty 153
7.
154 Refusal to recover royalties and use for non-profit purposes for more than 1 year and 6 months
8.
157 Refusal to recover key money due to a combination of reasons such as reconstruction and long-term non-use
9.
Refusal of a request for a royalty recovery opportunity, compensation for damages, and royalty appraisal 160
10.
Commercial Tenant's Right to Request for Recovery of Key Money and Compensation for Damages 162
11.
Period for exercising the right to request recovery of key money under the Commercial Building Lease Protection Act 165
12.
Assignment of Rights Agreement and Transfer of Business under Commercial Act 166
13.
168 Claim for damages by an existing tenant due to the new tenant's refusal to perform the key money agreement
14.
Timing of Requests and Refusals for Renewal of Commercial Lease Agreements 170
15.
The commercial tenant's right to request contract renewal must be exercised in a timely manner. 170
16.
Contract renewal and renewal period under the Commercial Building Lease Protection Act 172
17.
174 Refusal of renewal by commercial landlord due to reconstruction, etc.
18.
The meaning of refusal to renew a lease based on notice of reconstruction plans at the time of signing the lease agreement 176
19.
Claim for commercial management fees not included in the contract and request for contract renewal 179
20.
Case 180: Landlord's Refusal to Renew Contract on the Basis of a Compensation Agreement
21.
The possibility of a future performance of the contract to deliver the commercial property after 10 years 182
22.
Commercial Leases and Implied Renewal 185
23.
188. Tenant's Lease Guarantee Period and Co-owner's Refusal to Renew
24.
Renewal of the lease and notice of termination of the commercial lease by the tenant 188
25.
Temporary Special Provisions on Contract Renewal Requests, etc. 189
26.
192. Obligation to restore the original condition of the part installed by the previous tenant and its existence
27.
If the special agreement is interpreted as exempting the commercial tenant from the obligation to restore the property to its original condition, 195
Chapter 5: Commercial Building Leases: Opposition, Preferential Payment, and Application for Lease Registration Order (197)
1.
Change of Ownership under the Commercial Building Lease Protection Act and Tenant's Countermeasures and Countermeasures 197
2.
Succession of Leasehold Status and Rent Arrears under the Commercial Building Lease Protection Act 198
3.
200 Whether the change of the commercial property owner and the overdue rent before the change are automatically deducted from the deposit
4.
Refusal of the tax office to stamp the confirmation date 201
5.
Business registration is mandatory for commercial tenants 203
6.
Method of Acquiring Tenant's Right to Object to Part of a Commercial Building 204
7.
Summary of regional conversion deposit ranges and priority payment ranges under the Commercial Building Lease Protection Act (206)
Chapter 6: Agricultural Land Act, Civil Law Leases, and Loan Contracts 209
1.
The Farmland Act provision prohibiting farmland lease is mandatory provision 209.
2.
Counterparty to the tenant's right to purchase the property above ground 211
3.
Land Lease and Building Purchase Claim 213
4.
Installation of vinyl greenhouses and exercise of various rights by land leaseholders 216
5.
A lease agreement with a permanent lease term is also valid. 217
6.
Validity of a contract for transferring lease rights to a quasi-national forest concluded without the approval of the Korea Forest Service Director 218
Chapter 7 Real Estate Transactions 221
1.
Case 221: Recognizing the sale of only a portion of real estate after exploring the parties' intentions
2.
Validity of Real Estate Sales Agreements Proposed by the Fair Trade Commission 223
3.
Issue 225: Return of Commercial Development Costs Following Termination of Commercial Sale Contract
4.
The Pitfalls of a Quick Sale 227
5.
Problems with Preemptive Real Estate Sales and Registration Transfers 228
6.
229 Precautions When Buying Real Estate from the Wife of the Real Estate Owner
7.
Purchase of seized real estate 230
8.
Liability of the seller of a building that encroaches on another's land 230
9.
Apartment sales contract and sales with specified quantity 231
10.
Effect of illegal resale of apartment subscription rights 232
11.
Effect of illegal resale of the right to purchase immigrant housing, etc. 234
12.
Claim for damages due to long-term delay in land rights transfer registration for sub-divided apartments 236
13.
Problems with Buying a New Villa 239
14.
Scope of Liability of Unauthorized Agents in Real Estate Transactions 240
15.
Real estate sales contract imposing the responsibility for title on the buyer 242
16.
Real Estate Disposition Act and Excessive Representation 243
17.
Agreement 243 to pay construction costs with the proceeds from the sale of commercial properties
18.
Joint investment in land for the purpose of profit from resale 244
19.
Commercial Sale and Existing Tenant's Special Agreement 246
20.
248 Things to Note When Signing a Multi-Family Housing Sales Contract
21.
Liability for damages of land polluters 249
22.
253 Seller's default or defect warranty liability for contaminated land
23.
255 Points to Note About Land Sales and Balance Payment Methods
24.
256 Failure of the seller to fulfill the obligation to transfer ownership in the case of partial sale of non-divisible land
25.
Risks and Claims in Real Estate Transactions 258
26.
Succession of a Shared Property Relationship 261
27.
The Meaning of Assignment of Secured Claims in Real Estate Transactions 262
28.
Real Estate Sales Contract and Buyer's Assumption of Performance 264
29.
265. Injunction against land purchase and disposal within land transaction permit zones
30.
In the case of double sale of real estate, breach of trust is established 266
31.
Civil Issues in Real Estate Double Sale 268
32.
Case 270: The buyer's right to claim transfer of ownership against the land seller expired due to the statute of limitations.
Chapter 8: Real Estate Donations 273
1.
Possibility of gifting real estate owned by others 273
2.
276 Whether it is possible to get back the portion already performed under a real estate donation contract
Chapter 9 Construction Contracting 281
1.
Method of confirming contract parties when some of the contract parties are listed as ‘other ○ persons’ in the contract 281
2.
The principle of invalidity of unfair special contracts under the Local Government Contract Act also applies to unilateral acts. 284
3.
Even if a defect in a completed building is due to the contractor's instructions, liability for defects is possible. 286
4.
The statute of limitations period and its starting point for the recipient's claim for mortgage establishment 288
5.
290 Joint and several debts of the contractor and subcontractor against the contractor
6.
Scope of Direct Payment Claims under the Subcontracting Act and the Orderer's Grounds for Objection 292
7.
Voluntary termination of a subcontract and voluntary termination of a delegation contract 295
8.
In cases where a quasi-consumption loan is established based on a compensation agreement due to construction, the burden of proof is 296.
Chapter 10 Cancellation of Real Estate Contracts and Creditor's Right of Cancellation 299
1.
Case 299: Mistake of Common Motive by Both Parties and Recognition of Partial Cancellation
2.
Validity of a termination agreement in a state of fluid invalidity and erroneous cancellation of a termination agreement 301
3.
Cancellation of errors regarding land status and boundaries in land sales 302
4.
Real Estate Buyer's Balance Loan Payment Plan and the Possibility of Mistake Cancellation 304
5.
307. The starting date of the statute of limitations for lawsuits to cancel fraudulent acts in connection with the registration of a principal registration due to the use of a provisional registration.
6.
The starting point of the statute of limitations for filing a lawsuit for cancellation of a fraudulent act filed by the National Health Insurance Corporation is 309.
7.
Cancellation of Fraudulent Acts in Real Estate Contracts and Burden of Proof 310
8.
Basic Legal Relationship Theory in Cases Where an Ongoing Transaction Exists at the Time of a Fraudulent Act 312
9.
In the case of creditor cancellation, when determining that debt exceeds the amount due, capital gains tax, etc. is excluded from passive assets. 314
10.
The specific meaning of cancellation of fraudulent acts against real estate and relative nullity 317
11.
Whether the mortgage establishment act following the recipient's exercise of the mortgage establishment claim is a fraudulent act 318
Chapter 11: Termination/Cancellation of Real Estate Contracts (General) 321
1.
Termination of a Real Estate Sales Contract? Termination by Agreement 321
2.
Law on Restoration of Original Condition due to Termination of Real Estate Sales Contract 323
3.
326. The settlement standard for the return of the deposit, etc. by the purchaser due to the cancellation of the apartment sales contract and the deduction or offset by the sales company.
4.
328. When the statute of limitations for a debt subject to default expires, the right to cancel the debt due to default cannot be exercised.
5.
Case 331: Termination of a Land Lease Agreement Due to Change of Circumstances
6.
Possibility of real estate seizure and contract termination 333
7.
Termination of contract due to defects in the apartment sale and the apartment itself 335
8.
Delay and Refusal of Performance in Real Estate Transactions 336
9.
Termination of Real Estate Contract and Breach of Primary Payment Obligation 338
10.
Down payment contract and contract termination 339
11.
340. Arguments for late payment of rent, contract termination, and anxiety due to auction proceedings
12.
The right to assert a defense of uncertainty regarding prior performance obligations in apartment sales contracts is recognized 341.
13.
Right to terminate the contract and right to terminate based on delay in performance 343
14.
The Importance of the Right to Cancel in Real Estate Contracts 344
15.
345. Effect of automatic termination agreement upon non-payment of balance for real estate sale
16.
Effect of Automatic Termination Provisions in Real Estate Sales Contracts 347
17.
Case 349: Recognizing the Seller's Termination of Contract as the Highest
18.
Termination of a real estate sales contract due to attachment and the seller's claim for damages against the attachment holder 352
19.
Special provisions in real estate contracts 353
20.
354. Termination of a commercial building sales contract by agreement and refusal of the construction company to withdraw the cancellation fee.
21.
Possibility of Termination of Gift Contract Due to Criminal Act 356
22.
Whether third parties are protected when agricultural land is returned to the original owner in accordance with the statutory release conditions under relevant laws 358
23.
The request for and time for issuing a copy of the terms and conditions to become the contract content is 360 days from the time of contract conclusion.
Chapter 12: Release of Penalties and Cancellation Fees in Real Estate Contracts 363
1.
Real Estate Contracts and Penalties 363
2.
Scope of penalty in case of contract termination in sales contract 365
3.
Breach of Real Estate Contract and Estimation of Damages 366
4.
Requirements for Reducing Real Estate Contracts and Estimated Damages 368
5.
Possibility of ex officio reduction of the estimated amount of damages 369
6.
Termination of contract by cancellation fee and commencement of performance before the performance period 370
7.
371. Renewal of contract with the sum of the deposit and the interim payment as the deposit and termination by cancellation fee
8.
372. Notice of intent to cancel the cancellation fee before commencement of performance and surprise performance by the other party.
9.
376. The timing and method of contract termination according to the real estate seller's termination fee provisions.
10.
Possibility of contract termination according to the provisions of the Civil Act on partial payment of the deposit and cancellation fee 377
11.
Article 380 of the Real Estate Sales Contract's Cancellation Fee and Penalty Regulations
12.
Termination of contract due to cancellation fee by real estate seller 381
13.
The Meaning of Commencement of Performance in the Termination Fee Provisions of Article 565 of the Civil Act 382
14.
Land sales within land transaction permit zones and contract termination under Article 565 of the Civil Act 384
Chapter 13 Invalidity of Real Estate Contracts 387
1.
Dissolution of Fluid Invalidity 387
2.
Termination of contract by liquidated damages and termination fee 389
3.
Land sales within land transaction permit zones and final invalidity 391
4.
Transfer of ownership registration based on a donation intended to evade a land transaction permit is invalid 392
5.
Summary of the Effects of Land Transactions within Land Transaction Permit Zones by Type 394
6.
The Meaning of the Obligation to Cooperate in Land Transaction Permit Applications 396
7.
Confirmation of a judgment of nullity due to false representation and whether a third party acted in good faith 398
8.
Possibility of Cancellation of Local Housing Cooperative Membership Agreement and Invalidity of Refund Guarantee Agreement 399
9.
In case of a commercial lease, if the penalty agreement violates the Terms and Conditions Act, it is invalid rather than reduced. 405
Chapter 14 Real Estate Auctions in General 409
1.
Key Points in Real Estate Rights Analysis 409
2.
A real estate auction rights analysis consulting contract with an unqualified person is invalid. 411
3.
Acquisition and Extinction in Real Estate Auctions 413
4.
Preliminary registration 414, which is prior to the cancellation standard but is not acquired
5.
Secured Non-Performing Loans (NPLs) and Real Estate Auctions 416
6.
Real Estate Auctions and Buyer Qualifications 417
7.
418. Auction of real estate under another person's name and transfer of ownership, etc.
8.
Auction of real estate and discharge of debts 420
9.
Application for voluntary auction of real estate and existence of secured claims 421
10.
423 Status of the assignee of a senior mortgage debt that does not meet the requirements for assignment of the debt
11.
Loan Fraud and Auction 424
12.
425. Request for a lump-sum auction and approval or rejection of a land-only auction application
13.
Claim for return of unjust enrichment against the successful bidder's preferred lessee 426
14.
Claim for Separation and Return of Unjust Profits Due to Auction of Land for a Multi-family Building 428
15.
429. Whether to auction a building complex and acquire a land mortgage
16.
431. Right to claim mortgage on the recipient's intended real estate and auction distribution
17.
Secured superficies and third-party use and profit potential of the land 433
18.
Extinction of Tenant's Preferential Payment Rights in Successive Auctions 434
19.
Scope of responsibility for management fees in case of acquisition of a commercial building through auction 435
20.
Possibility of claiming return of unjust enrichment by general creditors who did not object to the dividend 436
21.
Claim for return of unjust enrichment due to transfer of right to claim payment of dividends at auction 439
22.
If there is no substantive defect in the dividend table itself, a claim for return of unjust enrichment cannot be made. 441
23.
Claim for return of unjust enrichment by purchaser of invalid voluntary auction proceeding against dividend recipient 443
24.
Specific distribution method when there is a first-priority attachment with the same priority as a joint mortgagee 444
25.
Interpretation of the Civil Procedure Act provision that the buyer's acquisition of real estate is not affected by the extinction of a mortgage 446
26.
449. Whether to confirm the decision to recommend reconciliation and reject the application for compulsory auction during the lawsuit against the claimant.
27.
Case 452: Issues with the Disposition of Basic Assets of a Social Welfare Corporation
Chapter 15: Lien and Statutory Superficies 455
1.
Claim for Extinction of Statutory Land Rights Due to Determination of Land Rent by Judgment and Delay in Payment of Land Rent 455
2.
Indivisibility of Kindergarten Rights 456
3.
458. Seizure and attachment of real estate, and whether seizure and lien for delinquent taxes can be resisted.
4.
The superiority of liens and mortgages, the prohibition of seizure, and the opposing power of liens 461
5.
Validity and Personal Scope of the Exclusion of Childcare Rights 463
6.
464 Lease of child real estate without the consent of the owner
7.
Whether the lien is extinguished when the auction by lien is suspended due to a forced auction, etc. 466
8.
468. Whether the statute of limitations for a lien confirmation suit and secured claims is suspended.
9.
Litigation for Confirmation of Non-Existence of Mortgagee's Lien 469
10.
470. Lien confirmation lawsuit in cases where a lien is not asserted during the auction process
11.
Litigation for recovery of possession and confirmation of existence of lien by lien claimant 472
12.
474. Lien assertion based on the third-party acquirer's right to claim reimbursement of costs is not permitted.
13.
Scope of establishment of lien rights due to consolidation of separate buildings, etc. 476
14.
Statutory ground rights for buildings under construction? Sale? Auction 477
15.
Establishment of statutory superficies through enforcement of mortgage and claim for rent 478
16.
480. Requirements for the establishment of a statutory ground lease and the standard for determining whether the owner of the land and building is the same.
17.
Acquisition and transfer of statutory ground rights and building demolition requests 482
18.
Establishment of Statutory Land Rights and Landowners' Response Methods 484
19.
Whether a statutory right of superficies is established by customary registration through provisional registration 488
20.
Building extensions, reconstructions, new construction, and statutory superficies 489
21.
Case 492 of Statutory Superficies Established Even for Unlicensed and Unregistered Buildings
22.
Co-ownership and Statutory Ground Rights 494
23.
Conflict between Secured and Statutory Land Rights 496
Chapter 16: General Real Estate Brokerage 499
1.
Major Trends in Real Estate Brokerage Accidents 499
2.
Validity of the clan's real estate brokerage request 501
3.
If there is only one broker, can the brokerage fee be received only from the brokerage client? 502
4.
Whether the act of brokering the sale of subscription rights and the act of acting as a sales agent are brokerage acts 504
5.
Method of Interpreting Legal Acts Regarding Claims for Sales Fees in Exclusive Sales Contracts 505
6.
Real Estate Brokerage and Consulting 507
7.
508 Responsibilities of Licensed Brokers Regarding Key Money Agreements
8.
Brokerage of key money contracts by certified real estate agents is a violation of Administrative Litigation Act 509.
9.
Article 513: Illegal Acts of Brokerage Assistants and the Scope of Liability of Licensed Brokers
10.
The prohibition of direct transactions by licensed real estate agents is stipulated in Enforcement Regulation 514.
11.
Direct transactions excluding licensed real estate agents and brokerage fee claims 515
12.
Direct Transactions Excluding Licensed Brokers and Claims for Damages 516
13.
Validity of Brokerage Fee Agreement 517
14.
518. Deposits and payment of deposits by the Real Estate Association in response to fraudulent acts by licensed real estate agents.
15.
The brokerage fee limit regulation also applies to the brokerage brokerage brokerage act of acquiring real estate through public auction. 520
Chapter 17: Confirmation of Brokerage Objects by Licensed Real Estate Brokers and Their Obligation to Explain 523
1.
523. Brokerage activities of licensed real estate agents regarding illegal structures
2.
524. Whether or not a licensed real estate agent has the obligation to confirm his/her authority
3.
Case 526: A certified real estate agent is not obligated to explain the legal nature of a security deposit obligation.
4.
When brokering a lease, does a licensed real estate agent have to confirm the subject matter of the brokerage? Scope of the duty to explain 528
5.
Article 528: Duty of Licensed Real Estate Brokers to Explain Separate Land Registration for Apartment Complexes
6.
Scope and Extent of Tax Explanation by Certified Real Estate Agents 530
7.
Scope of the Licensed Broker's Duty to Explain When Intermediating a Lease Agreement for Trust Property 534
8.
Brokers' Verification of Brokerage Property? Duty of Explanation and Multi-Family Housing 536
9.
Whether to exempt from liability for damages due to non-compliance with landlord information requests in multi-family housing brokerage 538
Chapter 18: Family Contract 545
1.
Termination of the Provisional Contract and the Deposit Agreement 545
2.
Ministry of Land, Infrastructure and Transport Actual Transaction Price Disclosure System 547
3.
The Problem of Preliminary Contracts Without a Contract in Real Estate Transactions 548
4.
Possibility of claiming return of unjust enrichment of deposit 549
5.
Comprehensive Summary of the Possibility of Refunding the Down Payment 550
Chapter 19: Real Estate Ownership 553
1.
Time of acquisition of real estate ownership 553
2.
554 Legal Principles Restricting the Exclusive Use and Benefit Rights of Landowners
3.
Unjust enrichment claims against local governments by road owners and the doctrine of exclusive use and profit restrictions 558
4.
Right-of-way owners' claims for delivery and unjust enrichment against right-of-way users and the doctrine of exclusive use and profit restrictions 562
5.
Case 564: A Forest Land Bidder's Request for the Demolition and Return of Forest Roads from a Local Government as an Abuse of Rights
6.
The Difference Between Restricting a Landowner's Exclusive Use and Benefit Rights and Recognizing Abuse of Rights 567
7.
Case 570: A local government that installed a four-way facility without going through procedures such as acceptance was found to be liable for unjust enrichment.
8.
572. Cases where a landowner's use or profit over the airspace above his or her land is restricted due to the passage of high-voltage power lines.
9.
Obligatory Effect of Land Use Consent 574
10.
Claim for recovery of possession due to usurpation and claim for return based on the right of ownership of the principal 576
11.
Method for Calculating Compensation for Damages to Surrounding Land Passengers 579
12.
Free right of passage over surrounding land and the responsibility of specific successors 581
13.
Distinction between the right of passage over surrounding land and the right of passage area 582
14.
584 Petitions seeking confirmation of the existence of facilities such as water supply and petitions for land use approval
15.
586 Right of landowners to demand cooperation from adjacent landowners in building fences
16.
Claim for transfer of ownership registration based on restoration of true title 590
17.
Documents recognized as having presumptive power of rights in case law, such as the Land Survey Department 592
18.
Differences in the exercise of the right to request cancellation of provisional registration based on ownership and mortgage and their binding force 594
19.
597 Whether a landowner can file an eviction claim against an unauthorized building owner
20.
601. Method of claiming expenses for the owner when requesting the return of real estate from an unauthorized occupant
Chapter 20: Shared Real Estate 605
1.
Sole ownership, sectional ownership, shared ownership, shared ownership 605
2.
606 When a minor is included as a party in a lawsuit for division of shared property
3.
Case law 608 declared that the principle method of dividing shared property is division in kind.
4.
Case 612 of Comprehensive Price Compensation, an Exception to the Prohibition on Division Claims by Co-Owners of Apartment Buildings
5.
Differences between the co-ownership principle under civil law and the co-ownership principle of collective building land 614
6.
Division of Common Land and Division of Land with Buildings 616
7.
Method of dividing shared land under separate ownership 619
8.
Case 621: Order to divide the payment for shared land due to reasons such as the establishment of a mortgage on the shared land
9.
Issues in lawsuits for division of shared property when a mortgage, etc. is established on shared property 623
10.
Case 625: The Correct Form of a Judgment on the Division of Shared Property
11.
Case 627: Plaintiff disposes of all co-owned property pursuant to a judgment for division of co-owned property by public notice
12.
629. Purchaser's request for cancellation of provisional registration established after judgment on division of payment for shared property
13.
631. Claims for Division of Shared Property and Tribunal for Division of Inherited Property
14.
Whether a monetary creditor can exercise the right to demand division of co-owned property on behalf of the debtor 632
15.
Disposition of Shared Shares and Disposition of Common Property 634
16.
Management and Disposal of Shared Real Estate 634
17.
Management and Lease of Common Property 636
18.
Article 639: Tenant's Duty to Return Unjust Enrichment Due to Unauthorized Lease by a Building Owner with a Half Share
19.
The meaning of preservation of common property as distinguished from management and disposal of common property 640
20.
Act 641 of alteration of common property in case of existence of a collective building and a general building on common land
21.
643. Change in the status of the lessor when some of the co-owners win the bid for the shared property
22.
645 Claim for delivery and exclusion of interference by a co-owner against another co-owner
Chapter 21: Statute of Limitations on Acquisition of Real Estate? Statute of Limitations 647
1.
Possibility of asserting acquisitive prescription between land co-owners 647
2.
Shared Relationships and Acquisitional Prescription 649
3.
Counterparty to a registration request due to completion of the statute of limitations for acquisition of possession 651
4.
Issue 652: Extinction of the statute of limitations for claiming transfer of ownership after the statute of limitations for acquisition of possession has been completed
5.
Method of Judging Loss of Possession After Completion of the Prescription Period for Acquisition of Land 654
6.
Change of Adjacent Landowner and Legal Principle of Prescription for Acquisition of Possession 656
7.
Case 658: A main claim for demolition and a counterclaim for acquisitive prescription against the owner of a building on adjacent land
8.
Prescription for Acquisition of Possession and Possession by Others 662
9.
The specific meaning of self-possession in the statute of limitations for acquisition of possession 663
10.
Case 664: Recognition of the statute of limitations for acquisition of possession through presumption of local government ownership of roads
11.
Possibility of Prescription for Acquisition of Possession by the Trustee in a Contractual Trust 668
12.
Case 671: The issue of the use of prescription and invalid registration for self-owned land
13.
Prescription for Acquisition of Possession and the Right to Possession 673
14.
The completion of the acquisitive prescription period for a former possessor and the legal principle of subrogation for the right to claim transfer of ownership registration 674
15.
Possibility of requesting correction of registered information in the intellectual property register by the claimant of prescription for acquisition of possession 676
16.
Prescription Acquisition of Land and the Effect of Existing Mortgages 678
17.
Possibility of claiming cancellation of a security interest upon completion of the statute of limitations for acquisition of possession by the collateral holder 681
18.
682. Dispatch of Certified Mail and Suspension of the Statute of Limitations
19.
683. Prescription acquisition of land by clans for lands subject to assessment
20.
The meaning of no-fault in cases where a local government asserts the statute of limitations for acquisition of a registered property 686
21.
Prescription for acquisition of registration and prescription for acquisition of possession based on the premise of duplicate registration of preservation of ownership 688
22.
Issue 689: Completion of the statute of limitations for acquisition of land by a person who purchased land from an unauthorized person
23.
692. The statute of limitations for acquisition of pro-Japanese assets by pro-Japanese collaborators and others is not recognized.
24.
Case 694: The Starting Point of the Statute of Limitations for Claims for Transfer of Ownership
Chapter 22: Real Estate Trusts 697
1.
Method of Recognizing the Fact of a Real Estate Trust 697
2.
699. Whether the real estate real-name registration law applies to trusts of title to subscription rights.
3.
The possibility of claiming return of unjust enrichment of the real estate of the nominal trustee and the statute of limitations 700
4.
Claim for return of trust property 702
5.
Scope of the trustee's claim for return of purchase funds in a contractual trust 704
6.
Issue 706: Extinction of the statute of limitations for claims for return of unjust enrichment of purchase funds in trust contracts
7.
The author's case 709, in which a trustee successfully claimed title to an apartment under a trust contract.
8.
Mutual trust and division of shared property 713
9.
Burden of Proof of Seller's Good Faith, Bad Faith, etc. in a Trust Contract 714
10.
Contractual Trust and Surcharge 716
11.
Contractual Trust and Enforcement Fine 718
12.
719. Contractual trusts, legal obstacles, and the possibility of claiming unjust enrichment of the real estate itself.
13.
In case of receiving an apartment under the name of a member of a local housing cooperative, contractual trust 720
14.
Nominal trust, embezzlement, and claim for return of unjust enrichment 722
15.
723. Claim for return of unjust enrichment by trustee due to arbitrary disposition by trustee in a three-party trust
16.
726 Claims of tort by trustee against arbitrary disposition of trustee in trust between two parties and trust between three parties
17.
727 Claim for damages by the trustee in a trust between two parties due to a ban on re-enactment
18.
Regardless of whether the seller is good or bad, the trustee acquires ownership of the auctioned property. 729
19.
Claim for unjust enrichment by a trustee who paid property tax in a three-party trust 730
20.
The effect of an agreement nullifying Article 4 of the Real Estate Real-Name Transaction Act regarding contractual trusts 731
21.
734 In the case where the heir, who is the trustor of a contractual trust, receives the trust property as a gift from the deceased, who is the trustee
22.
The effect of provisional registration to prevent arbitrary disposition by the trustee in a nominal trust 737
23.
Article 738 Effect of a Mortgage with the Trustee as Mortgage Holder in a Nominal Trust
24.
In a three-party trust, if the trustee voluntarily transfers the registration to the trustor, it is valid 740.
25.
The meaning of a third party in Article 4, Paragraph 3 of the Real Estate Real-Name Registration Act in a continuous nominal trust relationship 742
26.
A contract between a nominal trustee and a third party who actively participated in the nominal trustee's betrayal is void. 744
27.
745. Defense of a person who has completed registration of trust property with the nominal trustee.
28.
Effect of ratification of invalid secured claims after a judgment dismissing the trustor's request for cancellation of subrogation in a three-party nominal trust 748
Chapter 23: Real Estate Trusts 751
1.
Although real estate collateral trusts and property guarantees are different, the provisions related to subrogation apply. 751
2.
Claim for return of apartment sales price paid to a trust company that is not a party to the apartment sales contract 754
3.
Order of Execution of the Disposal of Trust Property with the Preferred Beneficiary's Claim for the Return of the Purchase Price and the Priority Beneficiary Rights 757
4.
If, after the seizure of the remaining receivables of the consignor, the consignor designates another creditor as the second-priority beneficiary and there is a subsequent seizure, distribution 759
5.
The trustee of a real estate collateral trust may commit an illegal act against the person with the right to seize. 762
6.
Invalidity of collateral trust registration after additional registration of prohibited matters under the old Rental Housing Act 766
7.
Management fees can be claimed from the trustee of the management group despite the trust registration, with the trustee bearing the management fee. 768
Chapter 24, Volume 771
1.
Leasehold rights and debt-based leaseholds on real estate 771
2.
Application for auction of part of building by lessee 772
3.
Possibility of Separate Transfer of Leasehold Rights and Lease Deposit Repayment Claims 773
4.
The Meaning of the Termination of Leasehold Rights on Real Estate 775
5.
777. Third party with good faith in registration of leasehold rights and false representation of information
6.
Scope of protection for third parties who are aware of the registration of a leasehold right for the purpose of collateralizing a deposit 779
7.
Use? Validity of a mortgage secured by a bond with no beneficial interest 781
Chapter 25: Mortgages, Mortgages, Assignment of Security, Mortgage Registration, etc. 783
1.
Mortgage, Notarial Deed, and Joint Guarantee 783
2.
Limited approval and limited approval holder's mortgage establishment act 784
3.
Extinction of Mortgage on Real Estate 786
4.
Dispute over the existence of a secured debt under a mortgage, etc. 787
5.
Mortgages on Real Estate and Secured Claims of Mortgages 788
6.
The Relationship Between Mortgages and Secured Claims 790
7.
Burden of Proof for the Assignment of Secured Claims in a Mortgage Auction 792
8.
Principal claims arising after the collateral claim is confirmed are excluded from priority payment 793
9.
796 Specifying and Expanding the Claim Amount at Auction for Enforcement of Security Rights
10.
Scope of Cancellation of Mortgage and Fraudulent Acts 798
11.
Absence of the obligation to cancel mortgage registration due to ratification of disposition by a person without rights 799
12.
Case 800: Landlord's request for cancellation of leasehold mortgage registration was dismissed.
13.
Issue 802: When a guarantor, etc. requests cancellation of a mortgage after depositing the property before the due date
14.
Claim for Suspension of Construction Based on Land Mortgage 804
15.
805 Denial of breach of trust for the act of establishing a mortgage to a third party in violation of the mortgage establishment agreement
16.
Effect and scope of distribution of mortgage on land prior to construction of a multi-family building 806
17.
Possibility of Assignment of Secured Debt and Distribution of Mortgage Holder's Loan 808
18.
Distribution order at the time of partial mortgage transfer registration after partial payment of debts 810
19.
813 Cases in which the waiver of a mortgage becomes an illegal act against the person with subrogation rights
20.
If a provisional registration is completed to secure the purchase price, it is interpreted as a weak transfer of security 816
21.
In cases where the transfer of a building is subject to the application of the Mortgage Act, the land occupant is the transfer mortgage holder 817
22.
If the secured creditor chooses an auction, the claim for registration of the principal cannot be filed due to liquidation. 820
23.
Method of distinguishing between secured registration and priority preservation registration in provisional registration 822
Chapter 26: Real Estate Registration 825
1.
Decision 825 on the inability to register
2.
Registration and exclusion period or statute of limitations 827
3.
Registration claim 831
4.
Issues surrounding interim registration and differences between it and a three-party trust (832)
5.
Presumptive power of registration completed by final judgment 834
6.
The true meaning of registration in accordance with the substantive relationship 836
Chapter 27: General Buildings 839
1.
Section 839 of the Commercial Building Division
2.
Possibility of restrictions on the types of business in commercial buildings 843
3.
Effect of industry restrictions on commercial buildings 845
4.
Commercial and multi-use buildings 848
5.
Sale of a commercial complex without walls 849
6.
Whether the boundary of a multi-unit building is destroyed and the ownership of separate units is integrated 851
7.
Due to the removal of partition walls, etc., the registration of a separate building is recognized only as a registration of shared property 852
8.
853. Failure to meet requirements for a separate store and request for transfer of ownership and delivery of the store.
9.
Problems with tenant structural changes in commercial buildings 855
10.
Article 856 of the Civil Act on the Co-ownership of Land by Unit Owners and the Civil Act on the Co-ownership of Land
11.
Change of use of commercial building 858
12.
Rooftop leak and waterproofing work for apartment buildings 860
13.
Leakage in Apartment Buildings and Burden of Proof 861
14.
Management team and some common area management team under the Apartment Complex Act 862
15.
Application for Appointment of Temporary Manager by Unit Owner of Apartment Building 865
16.
Case 866 where a manager's actions were invalidated without a resolution from the management meeting.
17.
Case 868: Dismissal of Claim for Unpaid Management Fees by a Commercial Building Management Group to a Commercial Building Trustee
18.
Termination of management duties by the management company designated by the apartment complex seller 870
19.
The management rights and obligations of the apartment complex seller are distinct from those of the management group. 872
20.
Purchase of a separate store that infringed on common areas and compensation for damages 874
21.
Possibility of claiming rent if the seller of a multi-unit building leaves part of the land in the seller's name 875
22.
877. Eligibility of the collective building and parties in lawsuits for management fees and infringement of sectional ownership rights
23.
879 In case the contract for consignment management is terminated during a lawsuit for management fees filed by the consignment management company of the building
24.
Possibility of a landowner requesting demolition of some of the unit owners of a multi-unit building 881
25.
883 Regarding the parking lot barrier dispute at a mixed-use apartment complex
26.
Parking lot usage issues in mixed-use buildings 884
27.
Possibility of acquisition by prescription of common areas of apartment buildings 886
28.
Establishment and Effect of Apartment Management Regulations 887
Chapter 28: Prohibition on Separate Disposal of Apartment Buildings? Preservation Act 889
1.
The prohibition of separate disposal under the Apartment Building Act and the issue of expansion of apartment buildings 889
2.
Registration of prohibition of separate disposal of apartment buildings and bona fide third parties 890
3.
The prohibition of separate disposal under the Apartment Building Act presupposes the establishment of separate ownership. 892
4.
Scope of application of the prohibition of separate disposal under the Apartment Building Act 894
5.
Separate registration of land interpreted as an exception to the prohibition on separate disposal of collective buildings Article 895
6.
Unauthorized use of common areas of apartment buildings and preservation of common areas 897
7.
900 Claim for exclusion of interference and preservation action due to infringement of shared ownership by store owners
8.
902 Denial of the claim for delivery as a preservation act between co-owners and abolition of the distinction between separate stores
9.
903. Request for demolition as a preservation measure for a portion of a common area of a multi-family building.
10.
Criteria for Distinguishing Between Preservation and Management Act in the Apartment Building Act 906
11.
Issue 909: Removal of signs installed arbitrarily on the exterior walls of apartment buildings
Chapter 29: Preservation Measures for Real Estate? Execution 913
1.
Application for attachment or provisional disposition of real estate and order of filing of suit 913
2.
914 Provisional attachment on real estate subject to a provisional attachment
3.
Non-cancellable injunction 915
4.
Effect of registration of provisional disposition prohibition to preserve provisional registration claim 917
5.
Injunction against the execution of the title 919
6.
Validity of Real Estate Enforcement Special Agreement 920
7.
Article 921: Execution Officer's Duty to Remove Personal Property in Execution of Real Estate Delivery
8.
923. How the bailiff determines whether the debtor is in possession when executing a judgment for delivery of real estate.
9.
Distribution by mortgage established after provisional disposition registration with monetary claim as the main claim is legal 924
Chapter 30: Clan Real Estate 927
1.
927 Things to Consider When Buying Clan Land
2.
Invalidity of clan land sales without general meeting resolution and possibility of claim for return of unjust enrichment 928
3.
The date of establishment of the clan and the nominal trust of the clan land was 930.
4.
Case law commentary 930, stating that clan division cannot be recognized
5.
Possibility of Acquiring Farmland and Transferring Ownership Registration by the Clan 933
6.
Issue 935: Disposal of Clan Property
7.
Disposition of Clan Property 936
8.
Possibility of distribution of clan property 937
9.
938. Lawsuit to Confirm the Status of Clan Members Excluded from Distribution of Clan Property
10.
In the case where a clan transfers the right to claim transfer of ownership due to termination of a nominal trust, the transferee may claim transfer of ownership against the trustee. 940
11.
Case 942: Invalidity of the resolution of the general meeting to award clan property to a person with merit
12.
Possibility of disciplinary action against clan members 943
13.
Case 944: Invalidity of Resolution on Land Purchase Following Expropriation of Clan Land
14.
Differences in Membership Restrictions for Clans and Clan-like Organizations 945
15.
Presumptive power of registration under the Special Act 948
16.
949 Things to Keep in Mind When Filing a Lawsuit as a Plaintiff
Chapter 31: Inheritance of Real Estate 953
1.
Claims for Recovery of Inheritance and Property Rights 953
2.
Method of Disputing the Validity of Inheritance Registration According to the Statutory Share Before the Division of Inherited Property 954
3.
Abortion and Real Estate Heirs 957
4.
The ceremonial presiding officer, Geumyang Forest, and the grave site 958
5.
Inheritance by Substitution and Renunciation of Inheritance 961
6.
Case 962: The statute of limitations for a claim for the return of a reserved portion is calculated from the date of finality of the prior lawsuit.
Chapter 32: Compulsory Performance Fines, Compensation, Building Act, etc. (965)
1.
Parties to the Compulsory Performance Fine and Imposition Disposition under the Building Act 965
2.
Enforcement fine 966 for buildings without occupancy permits
3.
The performance penalty is a means of coercion to enforce performance 967
4.
Appeal against the imposition of a fine 969
5.
971 Request for Compliance with the Land Owner's Application for Correction of Land Number in Building Register for Adjacent Building Owner
6.
Plaintiff 973 for disposition related to major repairs to common areas of apartment buildings
7.
Case 975: Family members of victims of apartment fires seek compensation from local governments
Chapter 33: Roads, Graves, and Land Boundaries (977)
1.
Claim for return of unjust enrichment for road occupation 977
2.
Prescription for Acquisition of Roads and Determination of Self-Possession 978
3.
Treatment of graves installed in purchased forest land 979
4.
Claims for the existence and removal of grave site rights, rent, and extinction 981
5.
The other party to the claim for grave excavation is the person with the right to manage and dispose of the grave 985.
6.
Claim for Extinction of Grave Site Rights Due to Delayed Payment of Land Rent 987
7.
Case 990: Accepted request for confirmation of unclaimed grave
8.
Land Boundary Determination Petition 992
1.
1. Things to keep in mind when concluding a lease agreement from the perspective of a home renter
2.
The Ministry of Justice in 2013.
Explanation 3 of the “Standard Housing Lease Agreement” announced on July 22nd
3.
5 Meanings of Residential Buildings for the Purposes of the Housing Lease Protection Act
4.
The employees stipulated in Article 3, Paragraph 3 of the Executive Officers Act are 6, excluding registered executives.
5.
8. Application for simultaneous performance defense and payment order for housing lease deposit
6.
Problem 9: Simultaneous performance of the obligation to deliver the house and the obligation to return the deposit
7.
Tenant's claim for special damages due to the landlord's failure to return the deposit 10.
8.
Issue 12 in a lawsuit demanding the return of a house by the lienholder's subrogation of the creditor
9.
16. Assignment of the leasehold transfer prohibition special agreement and the deposit return claim
10.
Attachment of a security deposit return claim and the status of the house transferee 16
11.
In case the remaining balance of the rental deposit subject to seizure is extinguished due to termination of the rental contract, 17
12.
Effect of the special agreement exempting the building landlord from the repair obligation 19
13.
The Importance of Tenants' Obligations to Notify When a Leased Building Needs Repairs 20
14.
Assignment of a Lease Deposit Claim and the Assignee's Rights 21
15.
Whether to recognize the preferential payment right of the assignee of the housing lease deposit return claim 22
16.
Legal Issues in Lease Agreements Written for Collateral Purposes 24
17.
Change of use to residential use and protection of small tenants 25
18.
Tin House and Tin Lease 27
19.
Real Estate Double Contract Fraud Case 28
20.
Termination of contract due to late payment of rent 30
21.
Loss of leasehold status due to contract termination, etc. and claim for title by new owner 31
22.
The meaning of the minimum two-year lease period provision stipulated in Article 4, Paragraph 1 of the Leasehold Act 32
23.
Tenant's right to request renewal under the Housing Lease Protection Act 33
24.
Mandatory provisions of the Public Housing Special Act 39
25.
Possibility of Priority Conversion of Public Construction Rental Housing to Illegal Assignees of Leasehold Rights 41
26.
The meaning of a tenant who is not a homeowner as defined in Article 21, Paragraph 1, Item 4 of the Old Rental Housing Act 43
27.
Whether a high-amount lease agreement with a tenant for the sale of a house is invalid 47
Chapter 2: Housing Leases: Opposition, Preferential Payment, and Application for Lease Registration Orders (51)
1.
The Meaning of Delivery and the Establishment of Preferential Payment Rights in Housing Leases 51
2.
Whether the obligation to return the deposit is extinguished when the landlord transfers the house to a corporation as the tenant 52
3.
Temporary move-out and resistance to housing 54
4.
56 Whether the existing right of opposition is maintained in the case of assignment or sublease of lease rights
5.
Under the Landlord Act, the right to oppose is limited to buildings, and the rights of landowners cannot be restricted. 58
6.
59. Housing Leases for Debt Collection Purposes and Their Opposition and Preferential Payment Rights
7.
Officetel residence, move-in report, and leasehold registration 60
8.
Housing Lease Agreement with Trustor or Trustee and Opposition 62
9.
Article 64 of the Trust Act: The power of opposition in cases where a lease agreement is concluded with a trustee
10.
67. Date of moving-in notification and confirmation for housing lease and priority of mortgage
11.
Article 68 of the Housing and Commercial Property Protection Act on the Succession of Leasehold Status and Tenant's Refusal to Succession
12.
If the lessee loses his/her right of objection just before the successful bidder acquires the property, claim for deposit 69
13.
Registration and allocation order according to the lease registration order for multi-family housing 71
14.
72 Lease of an apartment registered by a lease registration order
15.
Application for registration of housing lease rights for non-residential properties for study purposes 73
16.
Application for registration of lease rights and distribution order of tenants who have lost possession 74
17.
Tenant rights may also be recognized as having the right to object after the registration of the leasehold right. 76
18.
Third parties with an interest in the registration of the leasehold right and the lessee according to the leasehold right registration order 78
19.
The Pitfalls of Multifamily Housing and Priority Dividends 81
20.
Summary of Tenant's Priority Payment Rights under the Housing Lease Protection Act 83
Chapter 3 General Commercial Building Leases 87
1.
Legal Knowledge for Commercial Tenants 87
2.
The meaning of "commercial building" under the Commercial Building Lease Protection Act 89
3.
90 Methods of Commercial Lease Agreements in Cases of Planned Reconstruction
4.
Legal Relationships When a Commercial Tenant's Deposit Return Claim Is an Indivisible Claim 91
5.
Issue 95: Deposit or monthly rent increase limits for commercial properties
6.
The Meaning of the Lessor's Obligation to Maintain the Use and Profitability of the Leased Property 96
7.
Commercial Leases, Rent Payment Obligations, and Unjust Enrichment 99
8.
100% of rent payment range for tenants who have not received their deposit despite the end of the lease
9.
Possibility of claiming damages for unlawful possession by a tenant 101
10.
Opposition of some merchants at the former Noryangjin Market to the modernized market and the question of liability for damages.
11.
Delay Damages Agreement and Statute of Limitations for Monthly Rent 105
12.
Lease Agreement for Unfinished Building 106
13.
Real Estate Trusts and Commercial Leases 107
14.
Commercial Lease Dual Contract 110
15.
Claim for Commercial Name Registration and Completion of Business Closure Procedures 111
16.
Determination of Lease Agreement Period 112
17.
Non-use of leased property and obligation to pay monthly rent 113
18.
Termination of Lease, Actual Benefits, and Estimation of Damages 114
19.
Exceeding the increase standard for commercial rents, etc. and claiming unjust enrichment 115
20.
Building Tenant's Request for Refund of Necessary Expenses and Beneficial Expenses and Request for Purchase of Attachments 117
21.
Effect of an agreement waiving the tenant's right to purchase accessories 119
22.
Commercial tenant's right to purchase accessories 120
23.
Validity of the special provision regarding the extension of the contract in commercial leases 121
24.
Problem 123: When the Commercial Co-owner is the Lessor
25.
Commercial Lease for Temporary Use 125
26.
126 Status of the lessee for a portion (small part) of a commercial building
27.
Termination of contract due to rent arrears under the revised Commercial Building Lease Protection Act 127
28.
The Meaning of Three-Term Commercial Rent Delays 128
29.
130 Seizure of deposit and termination of contract by landlord
30.
131 Whether a commercial tenant can terminate a contract during the contract period
31.
Scope of damages to be compensated by the lessor in case the lease agreement is terminated due to the lessor's interference 132
32.
Amendments to the Commercial Building Lease Protection Act and Interpretation of the Supplementary Provisions of the Commercial Building Lease Protection Act 133
33.
136. Provisional execution and stay of execution in a lawsuit for damages, and how to respond in an appeal.
34.
Method of Calculating the Conversion Deposit for Multiple Buildings Leased in One Go 138
35.
140 Claim for damages against the landlord or other occupants of the building by a tenant who suffered fire damage
36.
Even if the power is cut off according to the agreement, it can be considered obstruction of business. 143
37.
The Meaning of the Special Agreement on the Maintenance of Obligations between the Landlord and Tenant Until the Final Judgment 144
Chapter 4: Commercial Building Lease Key Money, Contract Renewal, and Restoration 147
1.
Confirmation of key money agreement and lease terms 147
2.
Possibility of refund of royalties 148
3.
150 Regarding the Ministry of Justice press release on commercial property rights dated September 24, 2014
4.
Whether the auction winner is responsible for the commercial property right fee 150
5.
Key money protection under the revised Commercial Building Lease Protection Act 151
6.
Validity of the Agreement Not Recognizing a Royalty 153
7.
154 Refusal to recover royalties and use for non-profit purposes for more than 1 year and 6 months
8.
157 Refusal to recover key money due to a combination of reasons such as reconstruction and long-term non-use
9.
Refusal of a request for a royalty recovery opportunity, compensation for damages, and royalty appraisal 160
10.
Commercial Tenant's Right to Request for Recovery of Key Money and Compensation for Damages 162
11.
Period for exercising the right to request recovery of key money under the Commercial Building Lease Protection Act 165
12.
Assignment of Rights Agreement and Transfer of Business under Commercial Act 166
13.
168 Claim for damages by an existing tenant due to the new tenant's refusal to perform the key money agreement
14.
Timing of Requests and Refusals for Renewal of Commercial Lease Agreements 170
15.
The commercial tenant's right to request contract renewal must be exercised in a timely manner. 170
16.
Contract renewal and renewal period under the Commercial Building Lease Protection Act 172
17.
174 Refusal of renewal by commercial landlord due to reconstruction, etc.
18.
The meaning of refusal to renew a lease based on notice of reconstruction plans at the time of signing the lease agreement 176
19.
Claim for commercial management fees not included in the contract and request for contract renewal 179
20.
Case 180: Landlord's Refusal to Renew Contract on the Basis of a Compensation Agreement
21.
The possibility of a future performance of the contract to deliver the commercial property after 10 years 182
22.
Commercial Leases and Implied Renewal 185
23.
188. Tenant's Lease Guarantee Period and Co-owner's Refusal to Renew
24.
Renewal of the lease and notice of termination of the commercial lease by the tenant 188
25.
Temporary Special Provisions on Contract Renewal Requests, etc. 189
26.
192. Obligation to restore the original condition of the part installed by the previous tenant and its existence
27.
If the special agreement is interpreted as exempting the commercial tenant from the obligation to restore the property to its original condition, 195
Chapter 5: Commercial Building Leases: Opposition, Preferential Payment, and Application for Lease Registration Order (197)
1.
Change of Ownership under the Commercial Building Lease Protection Act and Tenant's Countermeasures and Countermeasures 197
2.
Succession of Leasehold Status and Rent Arrears under the Commercial Building Lease Protection Act 198
3.
200 Whether the change of the commercial property owner and the overdue rent before the change are automatically deducted from the deposit
4.
Refusal of the tax office to stamp the confirmation date 201
5.
Business registration is mandatory for commercial tenants 203
6.
Method of Acquiring Tenant's Right to Object to Part of a Commercial Building 204
7.
Summary of regional conversion deposit ranges and priority payment ranges under the Commercial Building Lease Protection Act (206)
Chapter 6: Agricultural Land Act, Civil Law Leases, and Loan Contracts 209
1.
The Farmland Act provision prohibiting farmland lease is mandatory provision 209.
2.
Counterparty to the tenant's right to purchase the property above ground 211
3.
Land Lease and Building Purchase Claim 213
4.
Installation of vinyl greenhouses and exercise of various rights by land leaseholders 216
5.
A lease agreement with a permanent lease term is also valid. 217
6.
Validity of a contract for transferring lease rights to a quasi-national forest concluded without the approval of the Korea Forest Service Director 218
Chapter 7 Real Estate Transactions 221
1.
Case 221: Recognizing the sale of only a portion of real estate after exploring the parties' intentions
2.
Validity of Real Estate Sales Agreements Proposed by the Fair Trade Commission 223
3.
Issue 225: Return of Commercial Development Costs Following Termination of Commercial Sale Contract
4.
The Pitfalls of a Quick Sale 227
5.
Problems with Preemptive Real Estate Sales and Registration Transfers 228
6.
229 Precautions When Buying Real Estate from the Wife of the Real Estate Owner
7.
Purchase of seized real estate 230
8.
Liability of the seller of a building that encroaches on another's land 230
9.
Apartment sales contract and sales with specified quantity 231
10.
Effect of illegal resale of apartment subscription rights 232
11.
Effect of illegal resale of the right to purchase immigrant housing, etc. 234
12.
Claim for damages due to long-term delay in land rights transfer registration for sub-divided apartments 236
13.
Problems with Buying a New Villa 239
14.
Scope of Liability of Unauthorized Agents in Real Estate Transactions 240
15.
Real estate sales contract imposing the responsibility for title on the buyer 242
16.
Real Estate Disposition Act and Excessive Representation 243
17.
Agreement 243 to pay construction costs with the proceeds from the sale of commercial properties
18.
Joint investment in land for the purpose of profit from resale 244
19.
Commercial Sale and Existing Tenant's Special Agreement 246
20.
248 Things to Note When Signing a Multi-Family Housing Sales Contract
21.
Liability for damages of land polluters 249
22.
253 Seller's default or defect warranty liability for contaminated land
23.
255 Points to Note About Land Sales and Balance Payment Methods
24.
256 Failure of the seller to fulfill the obligation to transfer ownership in the case of partial sale of non-divisible land
25.
Risks and Claims in Real Estate Transactions 258
26.
Succession of a Shared Property Relationship 261
27.
The Meaning of Assignment of Secured Claims in Real Estate Transactions 262
28.
Real Estate Sales Contract and Buyer's Assumption of Performance 264
29.
265. Injunction against land purchase and disposal within land transaction permit zones
30.
In the case of double sale of real estate, breach of trust is established 266
31.
Civil Issues in Real Estate Double Sale 268
32.
Case 270: The buyer's right to claim transfer of ownership against the land seller expired due to the statute of limitations.
Chapter 8: Real Estate Donations 273
1.
Possibility of gifting real estate owned by others 273
2.
276 Whether it is possible to get back the portion already performed under a real estate donation contract
Chapter 9 Construction Contracting 281
1.
Method of confirming contract parties when some of the contract parties are listed as ‘other ○ persons’ in the contract 281
2.
The principle of invalidity of unfair special contracts under the Local Government Contract Act also applies to unilateral acts. 284
3.
Even if a defect in a completed building is due to the contractor's instructions, liability for defects is possible. 286
4.
The statute of limitations period and its starting point for the recipient's claim for mortgage establishment 288
5.
290 Joint and several debts of the contractor and subcontractor against the contractor
6.
Scope of Direct Payment Claims under the Subcontracting Act and the Orderer's Grounds for Objection 292
7.
Voluntary termination of a subcontract and voluntary termination of a delegation contract 295
8.
In cases where a quasi-consumption loan is established based on a compensation agreement due to construction, the burden of proof is 296.
Chapter 10 Cancellation of Real Estate Contracts and Creditor's Right of Cancellation 299
1.
Case 299: Mistake of Common Motive by Both Parties and Recognition of Partial Cancellation
2.
Validity of a termination agreement in a state of fluid invalidity and erroneous cancellation of a termination agreement 301
3.
Cancellation of errors regarding land status and boundaries in land sales 302
4.
Real Estate Buyer's Balance Loan Payment Plan and the Possibility of Mistake Cancellation 304
5.
307. The starting date of the statute of limitations for lawsuits to cancel fraudulent acts in connection with the registration of a principal registration due to the use of a provisional registration.
6.
The starting point of the statute of limitations for filing a lawsuit for cancellation of a fraudulent act filed by the National Health Insurance Corporation is 309.
7.
Cancellation of Fraudulent Acts in Real Estate Contracts and Burden of Proof 310
8.
Basic Legal Relationship Theory in Cases Where an Ongoing Transaction Exists at the Time of a Fraudulent Act 312
9.
In the case of creditor cancellation, when determining that debt exceeds the amount due, capital gains tax, etc. is excluded from passive assets. 314
10.
The specific meaning of cancellation of fraudulent acts against real estate and relative nullity 317
11.
Whether the mortgage establishment act following the recipient's exercise of the mortgage establishment claim is a fraudulent act 318
Chapter 11: Termination/Cancellation of Real Estate Contracts (General) 321
1.
Termination of a Real Estate Sales Contract? Termination by Agreement 321
2.
Law on Restoration of Original Condition due to Termination of Real Estate Sales Contract 323
3.
326. The settlement standard for the return of the deposit, etc. by the purchaser due to the cancellation of the apartment sales contract and the deduction or offset by the sales company.
4.
328. When the statute of limitations for a debt subject to default expires, the right to cancel the debt due to default cannot be exercised.
5.
Case 331: Termination of a Land Lease Agreement Due to Change of Circumstances
6.
Possibility of real estate seizure and contract termination 333
7.
Termination of contract due to defects in the apartment sale and the apartment itself 335
8.
Delay and Refusal of Performance in Real Estate Transactions 336
9.
Termination of Real Estate Contract and Breach of Primary Payment Obligation 338
10.
Down payment contract and contract termination 339
11.
340. Arguments for late payment of rent, contract termination, and anxiety due to auction proceedings
12.
The right to assert a defense of uncertainty regarding prior performance obligations in apartment sales contracts is recognized 341.
13.
Right to terminate the contract and right to terminate based on delay in performance 343
14.
The Importance of the Right to Cancel in Real Estate Contracts 344
15.
345. Effect of automatic termination agreement upon non-payment of balance for real estate sale
16.
Effect of Automatic Termination Provisions in Real Estate Sales Contracts 347
17.
Case 349: Recognizing the Seller's Termination of Contract as the Highest
18.
Termination of a real estate sales contract due to attachment and the seller's claim for damages against the attachment holder 352
19.
Special provisions in real estate contracts 353
20.
354. Termination of a commercial building sales contract by agreement and refusal of the construction company to withdraw the cancellation fee.
21.
Possibility of Termination of Gift Contract Due to Criminal Act 356
22.
Whether third parties are protected when agricultural land is returned to the original owner in accordance with the statutory release conditions under relevant laws 358
23.
The request for and time for issuing a copy of the terms and conditions to become the contract content is 360 days from the time of contract conclusion.
Chapter 12: Release of Penalties and Cancellation Fees in Real Estate Contracts 363
1.
Real Estate Contracts and Penalties 363
2.
Scope of penalty in case of contract termination in sales contract 365
3.
Breach of Real Estate Contract and Estimation of Damages 366
4.
Requirements for Reducing Real Estate Contracts and Estimated Damages 368
5.
Possibility of ex officio reduction of the estimated amount of damages 369
6.
Termination of contract by cancellation fee and commencement of performance before the performance period 370
7.
371. Renewal of contract with the sum of the deposit and the interim payment as the deposit and termination by cancellation fee
8.
372. Notice of intent to cancel the cancellation fee before commencement of performance and surprise performance by the other party.
9.
376. The timing and method of contract termination according to the real estate seller's termination fee provisions.
10.
Possibility of contract termination according to the provisions of the Civil Act on partial payment of the deposit and cancellation fee 377
11.
Article 380 of the Real Estate Sales Contract's Cancellation Fee and Penalty Regulations
12.
Termination of contract due to cancellation fee by real estate seller 381
13.
The Meaning of Commencement of Performance in the Termination Fee Provisions of Article 565 of the Civil Act 382
14.
Land sales within land transaction permit zones and contract termination under Article 565 of the Civil Act 384
Chapter 13 Invalidity of Real Estate Contracts 387
1.
Dissolution of Fluid Invalidity 387
2.
Termination of contract by liquidated damages and termination fee 389
3.
Land sales within land transaction permit zones and final invalidity 391
4.
Transfer of ownership registration based on a donation intended to evade a land transaction permit is invalid 392
5.
Summary of the Effects of Land Transactions within Land Transaction Permit Zones by Type 394
6.
The Meaning of the Obligation to Cooperate in Land Transaction Permit Applications 396
7.
Confirmation of a judgment of nullity due to false representation and whether a third party acted in good faith 398
8.
Possibility of Cancellation of Local Housing Cooperative Membership Agreement and Invalidity of Refund Guarantee Agreement 399
9.
In case of a commercial lease, if the penalty agreement violates the Terms and Conditions Act, it is invalid rather than reduced. 405
Chapter 14 Real Estate Auctions in General 409
1.
Key Points in Real Estate Rights Analysis 409
2.
A real estate auction rights analysis consulting contract with an unqualified person is invalid. 411
3.
Acquisition and Extinction in Real Estate Auctions 413
4.
Preliminary registration 414, which is prior to the cancellation standard but is not acquired
5.
Secured Non-Performing Loans (NPLs) and Real Estate Auctions 416
6.
Real Estate Auctions and Buyer Qualifications 417
7.
418. Auction of real estate under another person's name and transfer of ownership, etc.
8.
Auction of real estate and discharge of debts 420
9.
Application for voluntary auction of real estate and existence of secured claims 421
10.
423 Status of the assignee of a senior mortgage debt that does not meet the requirements for assignment of the debt
11.
Loan Fraud and Auction 424
12.
425. Request for a lump-sum auction and approval or rejection of a land-only auction application
13.
Claim for return of unjust enrichment against the successful bidder's preferred lessee 426
14.
Claim for Separation and Return of Unjust Profits Due to Auction of Land for a Multi-family Building 428
15.
429. Whether to auction a building complex and acquire a land mortgage
16.
431. Right to claim mortgage on the recipient's intended real estate and auction distribution
17.
Secured superficies and third-party use and profit potential of the land 433
18.
Extinction of Tenant's Preferential Payment Rights in Successive Auctions 434
19.
Scope of responsibility for management fees in case of acquisition of a commercial building through auction 435
20.
Possibility of claiming return of unjust enrichment by general creditors who did not object to the dividend 436
21.
Claim for return of unjust enrichment due to transfer of right to claim payment of dividends at auction 439
22.
If there is no substantive defect in the dividend table itself, a claim for return of unjust enrichment cannot be made. 441
23.
Claim for return of unjust enrichment by purchaser of invalid voluntary auction proceeding against dividend recipient 443
24.
Specific distribution method when there is a first-priority attachment with the same priority as a joint mortgagee 444
25.
Interpretation of the Civil Procedure Act provision that the buyer's acquisition of real estate is not affected by the extinction of a mortgage 446
26.
449. Whether to confirm the decision to recommend reconciliation and reject the application for compulsory auction during the lawsuit against the claimant.
27.
Case 452: Issues with the Disposition of Basic Assets of a Social Welfare Corporation
Chapter 15: Lien and Statutory Superficies 455
1.
Claim for Extinction of Statutory Land Rights Due to Determination of Land Rent by Judgment and Delay in Payment of Land Rent 455
2.
Indivisibility of Kindergarten Rights 456
3.
458. Seizure and attachment of real estate, and whether seizure and lien for delinquent taxes can be resisted.
4.
The superiority of liens and mortgages, the prohibition of seizure, and the opposing power of liens 461
5.
Validity and Personal Scope of the Exclusion of Childcare Rights 463
6.
464 Lease of child real estate without the consent of the owner
7.
Whether the lien is extinguished when the auction by lien is suspended due to a forced auction, etc. 466
8.
468. Whether the statute of limitations for a lien confirmation suit and secured claims is suspended.
9.
Litigation for Confirmation of Non-Existence of Mortgagee's Lien 469
10.
470. Lien confirmation lawsuit in cases where a lien is not asserted during the auction process
11.
Litigation for recovery of possession and confirmation of existence of lien by lien claimant 472
12.
474. Lien assertion based on the third-party acquirer's right to claim reimbursement of costs is not permitted.
13.
Scope of establishment of lien rights due to consolidation of separate buildings, etc. 476
14.
Statutory ground rights for buildings under construction? Sale? Auction 477
15.
Establishment of statutory superficies through enforcement of mortgage and claim for rent 478
16.
480. Requirements for the establishment of a statutory ground lease and the standard for determining whether the owner of the land and building is the same.
17.
Acquisition and transfer of statutory ground rights and building demolition requests 482
18.
Establishment of Statutory Land Rights and Landowners' Response Methods 484
19.
Whether a statutory right of superficies is established by customary registration through provisional registration 488
20.
Building extensions, reconstructions, new construction, and statutory superficies 489
21.
Case 492 of Statutory Superficies Established Even for Unlicensed and Unregistered Buildings
22.
Co-ownership and Statutory Ground Rights 494
23.
Conflict between Secured and Statutory Land Rights 496
Chapter 16: General Real Estate Brokerage 499
1.
Major Trends in Real Estate Brokerage Accidents 499
2.
Validity of the clan's real estate brokerage request 501
3.
If there is only one broker, can the brokerage fee be received only from the brokerage client? 502
4.
Whether the act of brokering the sale of subscription rights and the act of acting as a sales agent are brokerage acts 504
5.
Method of Interpreting Legal Acts Regarding Claims for Sales Fees in Exclusive Sales Contracts 505
6.
Real Estate Brokerage and Consulting 507
7.
508 Responsibilities of Licensed Brokers Regarding Key Money Agreements
8.
Brokerage of key money contracts by certified real estate agents is a violation of Administrative Litigation Act 509.
9.
Article 513: Illegal Acts of Brokerage Assistants and the Scope of Liability of Licensed Brokers
10.
The prohibition of direct transactions by licensed real estate agents is stipulated in Enforcement Regulation 514.
11.
Direct transactions excluding licensed real estate agents and brokerage fee claims 515
12.
Direct Transactions Excluding Licensed Brokers and Claims for Damages 516
13.
Validity of Brokerage Fee Agreement 517
14.
518. Deposits and payment of deposits by the Real Estate Association in response to fraudulent acts by licensed real estate agents.
15.
The brokerage fee limit regulation also applies to the brokerage brokerage brokerage act of acquiring real estate through public auction. 520
Chapter 17: Confirmation of Brokerage Objects by Licensed Real Estate Brokers and Their Obligation to Explain 523
1.
523. Brokerage activities of licensed real estate agents regarding illegal structures
2.
524. Whether or not a licensed real estate agent has the obligation to confirm his/her authority
3.
Case 526: A certified real estate agent is not obligated to explain the legal nature of a security deposit obligation.
4.
When brokering a lease, does a licensed real estate agent have to confirm the subject matter of the brokerage? Scope of the duty to explain 528
5.
Article 528: Duty of Licensed Real Estate Brokers to Explain Separate Land Registration for Apartment Complexes
6.
Scope and Extent of Tax Explanation by Certified Real Estate Agents 530
7.
Scope of the Licensed Broker's Duty to Explain When Intermediating a Lease Agreement for Trust Property 534
8.
Brokers' Verification of Brokerage Property? Duty of Explanation and Multi-Family Housing 536
9.
Whether to exempt from liability for damages due to non-compliance with landlord information requests in multi-family housing brokerage 538
Chapter 18: Family Contract 545
1.
Termination of the Provisional Contract and the Deposit Agreement 545
2.
Ministry of Land, Infrastructure and Transport Actual Transaction Price Disclosure System 547
3.
The Problem of Preliminary Contracts Without a Contract in Real Estate Transactions 548
4.
Possibility of claiming return of unjust enrichment of deposit 549
5.
Comprehensive Summary of the Possibility of Refunding the Down Payment 550
Chapter 19: Real Estate Ownership 553
1.
Time of acquisition of real estate ownership 553
2.
554 Legal Principles Restricting the Exclusive Use and Benefit Rights of Landowners
3.
Unjust enrichment claims against local governments by road owners and the doctrine of exclusive use and profit restrictions 558
4.
Right-of-way owners' claims for delivery and unjust enrichment against right-of-way users and the doctrine of exclusive use and profit restrictions 562
5.
Case 564: A Forest Land Bidder's Request for the Demolition and Return of Forest Roads from a Local Government as an Abuse of Rights
6.
The Difference Between Restricting a Landowner's Exclusive Use and Benefit Rights and Recognizing Abuse of Rights 567
7.
Case 570: A local government that installed a four-way facility without going through procedures such as acceptance was found to be liable for unjust enrichment.
8.
572. Cases where a landowner's use or profit over the airspace above his or her land is restricted due to the passage of high-voltage power lines.
9.
Obligatory Effect of Land Use Consent 574
10.
Claim for recovery of possession due to usurpation and claim for return based on the right of ownership of the principal 576
11.
Method for Calculating Compensation for Damages to Surrounding Land Passengers 579
12.
Free right of passage over surrounding land and the responsibility of specific successors 581
13.
Distinction between the right of passage over surrounding land and the right of passage area 582
14.
584 Petitions seeking confirmation of the existence of facilities such as water supply and petitions for land use approval
15.
586 Right of landowners to demand cooperation from adjacent landowners in building fences
16.
Claim for transfer of ownership registration based on restoration of true title 590
17.
Documents recognized as having presumptive power of rights in case law, such as the Land Survey Department 592
18.
Differences in the exercise of the right to request cancellation of provisional registration based on ownership and mortgage and their binding force 594
19.
597 Whether a landowner can file an eviction claim against an unauthorized building owner
20.
601. Method of claiming expenses for the owner when requesting the return of real estate from an unauthorized occupant
Chapter 20: Shared Real Estate 605
1.
Sole ownership, sectional ownership, shared ownership, shared ownership 605
2.
606 When a minor is included as a party in a lawsuit for division of shared property
3.
Case law 608 declared that the principle method of dividing shared property is division in kind.
4.
Case 612 of Comprehensive Price Compensation, an Exception to the Prohibition on Division Claims by Co-Owners of Apartment Buildings
5.
Differences between the co-ownership principle under civil law and the co-ownership principle of collective building land 614
6.
Division of Common Land and Division of Land with Buildings 616
7.
Method of dividing shared land under separate ownership 619
8.
Case 621: Order to divide the payment for shared land due to reasons such as the establishment of a mortgage on the shared land
9.
Issues in lawsuits for division of shared property when a mortgage, etc. is established on shared property 623
10.
Case 625: The Correct Form of a Judgment on the Division of Shared Property
11.
Case 627: Plaintiff disposes of all co-owned property pursuant to a judgment for division of co-owned property by public notice
12.
629. Purchaser's request for cancellation of provisional registration established after judgment on division of payment for shared property
13.
631. Claims for Division of Shared Property and Tribunal for Division of Inherited Property
14.
Whether a monetary creditor can exercise the right to demand division of co-owned property on behalf of the debtor 632
15.
Disposition of Shared Shares and Disposition of Common Property 634
16.
Management and Disposal of Shared Real Estate 634
17.
Management and Lease of Common Property 636
18.
Article 639: Tenant's Duty to Return Unjust Enrichment Due to Unauthorized Lease by a Building Owner with a Half Share
19.
The meaning of preservation of common property as distinguished from management and disposal of common property 640
20.
Act 641 of alteration of common property in case of existence of a collective building and a general building on common land
21.
643. Change in the status of the lessor when some of the co-owners win the bid for the shared property
22.
645 Claim for delivery and exclusion of interference by a co-owner against another co-owner
Chapter 21: Statute of Limitations on Acquisition of Real Estate? Statute of Limitations 647
1.
Possibility of asserting acquisitive prescription between land co-owners 647
2.
Shared Relationships and Acquisitional Prescription 649
3.
Counterparty to a registration request due to completion of the statute of limitations for acquisition of possession 651
4.
Issue 652: Extinction of the statute of limitations for claiming transfer of ownership after the statute of limitations for acquisition of possession has been completed
5.
Method of Judging Loss of Possession After Completion of the Prescription Period for Acquisition of Land 654
6.
Change of Adjacent Landowner and Legal Principle of Prescription for Acquisition of Possession 656
7.
Case 658: A main claim for demolition and a counterclaim for acquisitive prescription against the owner of a building on adjacent land
8.
Prescription for Acquisition of Possession and Possession by Others 662
9.
The specific meaning of self-possession in the statute of limitations for acquisition of possession 663
10.
Case 664: Recognition of the statute of limitations for acquisition of possession through presumption of local government ownership of roads
11.
Possibility of Prescription for Acquisition of Possession by the Trustee in a Contractual Trust 668
12.
Case 671: The issue of the use of prescription and invalid registration for self-owned land
13.
Prescription for Acquisition of Possession and the Right to Possession 673
14.
The completion of the acquisitive prescription period for a former possessor and the legal principle of subrogation for the right to claim transfer of ownership registration 674
15.
Possibility of requesting correction of registered information in the intellectual property register by the claimant of prescription for acquisition of possession 676
16.
Prescription Acquisition of Land and the Effect of Existing Mortgages 678
17.
Possibility of claiming cancellation of a security interest upon completion of the statute of limitations for acquisition of possession by the collateral holder 681
18.
682. Dispatch of Certified Mail and Suspension of the Statute of Limitations
19.
683. Prescription acquisition of land by clans for lands subject to assessment
20.
The meaning of no-fault in cases where a local government asserts the statute of limitations for acquisition of a registered property 686
21.
Prescription for acquisition of registration and prescription for acquisition of possession based on the premise of duplicate registration of preservation of ownership 688
22.
Issue 689: Completion of the statute of limitations for acquisition of land by a person who purchased land from an unauthorized person
23.
692. The statute of limitations for acquisition of pro-Japanese assets by pro-Japanese collaborators and others is not recognized.
24.
Case 694: The Starting Point of the Statute of Limitations for Claims for Transfer of Ownership
Chapter 22: Real Estate Trusts 697
1.
Method of Recognizing the Fact of a Real Estate Trust 697
2.
699. Whether the real estate real-name registration law applies to trusts of title to subscription rights.
3.
The possibility of claiming return of unjust enrichment of the real estate of the nominal trustee and the statute of limitations 700
4.
Claim for return of trust property 702
5.
Scope of the trustee's claim for return of purchase funds in a contractual trust 704
6.
Issue 706: Extinction of the statute of limitations for claims for return of unjust enrichment of purchase funds in trust contracts
7.
The author's case 709, in which a trustee successfully claimed title to an apartment under a trust contract.
8.
Mutual trust and division of shared property 713
9.
Burden of Proof of Seller's Good Faith, Bad Faith, etc. in a Trust Contract 714
10.
Contractual Trust and Surcharge 716
11.
Contractual Trust and Enforcement Fine 718
12.
719. Contractual trusts, legal obstacles, and the possibility of claiming unjust enrichment of the real estate itself.
13.
In case of receiving an apartment under the name of a member of a local housing cooperative, contractual trust 720
14.
Nominal trust, embezzlement, and claim for return of unjust enrichment 722
15.
723. Claim for return of unjust enrichment by trustee due to arbitrary disposition by trustee in a three-party trust
16.
726 Claims of tort by trustee against arbitrary disposition of trustee in trust between two parties and trust between three parties
17.
727 Claim for damages by the trustee in a trust between two parties due to a ban on re-enactment
18.
Regardless of whether the seller is good or bad, the trustee acquires ownership of the auctioned property. 729
19.
Claim for unjust enrichment by a trustee who paid property tax in a three-party trust 730
20.
The effect of an agreement nullifying Article 4 of the Real Estate Real-Name Transaction Act regarding contractual trusts 731
21.
734 In the case where the heir, who is the trustor of a contractual trust, receives the trust property as a gift from the deceased, who is the trustee
22.
The effect of provisional registration to prevent arbitrary disposition by the trustee in a nominal trust 737
23.
Article 738 Effect of a Mortgage with the Trustee as Mortgage Holder in a Nominal Trust
24.
In a three-party trust, if the trustee voluntarily transfers the registration to the trustor, it is valid 740.
25.
The meaning of a third party in Article 4, Paragraph 3 of the Real Estate Real-Name Registration Act in a continuous nominal trust relationship 742
26.
A contract between a nominal trustee and a third party who actively participated in the nominal trustee's betrayal is void. 744
27.
745. Defense of a person who has completed registration of trust property with the nominal trustee.
28.
Effect of ratification of invalid secured claims after a judgment dismissing the trustor's request for cancellation of subrogation in a three-party nominal trust 748
Chapter 23: Real Estate Trusts 751
1.
Although real estate collateral trusts and property guarantees are different, the provisions related to subrogation apply. 751
2.
Claim for return of apartment sales price paid to a trust company that is not a party to the apartment sales contract 754
3.
Order of Execution of the Disposal of Trust Property with the Preferred Beneficiary's Claim for the Return of the Purchase Price and the Priority Beneficiary Rights 757
4.
If, after the seizure of the remaining receivables of the consignor, the consignor designates another creditor as the second-priority beneficiary and there is a subsequent seizure, distribution 759
5.
The trustee of a real estate collateral trust may commit an illegal act against the person with the right to seize. 762
6.
Invalidity of collateral trust registration after additional registration of prohibited matters under the old Rental Housing Act 766
7.
Management fees can be claimed from the trustee of the management group despite the trust registration, with the trustee bearing the management fee. 768
Chapter 24, Volume 771
1.
Leasehold rights and debt-based leaseholds on real estate 771
2.
Application for auction of part of building by lessee 772
3.
Possibility of Separate Transfer of Leasehold Rights and Lease Deposit Repayment Claims 773
4.
The Meaning of the Termination of Leasehold Rights on Real Estate 775
5.
777. Third party with good faith in registration of leasehold rights and false representation of information
6.
Scope of protection for third parties who are aware of the registration of a leasehold right for the purpose of collateralizing a deposit 779
7.
Use? Validity of a mortgage secured by a bond with no beneficial interest 781
Chapter 25: Mortgages, Mortgages, Assignment of Security, Mortgage Registration, etc. 783
1.
Mortgage, Notarial Deed, and Joint Guarantee 783
2.
Limited approval and limited approval holder's mortgage establishment act 784
3.
Extinction of Mortgage on Real Estate 786
4.
Dispute over the existence of a secured debt under a mortgage, etc. 787
5.
Mortgages on Real Estate and Secured Claims of Mortgages 788
6.
The Relationship Between Mortgages and Secured Claims 790
7.
Burden of Proof for the Assignment of Secured Claims in a Mortgage Auction 792
8.
Principal claims arising after the collateral claim is confirmed are excluded from priority payment 793
9.
796 Specifying and Expanding the Claim Amount at Auction for Enforcement of Security Rights
10.
Scope of Cancellation of Mortgage and Fraudulent Acts 798
11.
Absence of the obligation to cancel mortgage registration due to ratification of disposition by a person without rights 799
12.
Case 800: Landlord's request for cancellation of leasehold mortgage registration was dismissed.
13.
Issue 802: When a guarantor, etc. requests cancellation of a mortgage after depositing the property before the due date
14.
Claim for Suspension of Construction Based on Land Mortgage 804
15.
805 Denial of breach of trust for the act of establishing a mortgage to a third party in violation of the mortgage establishment agreement
16.
Effect and scope of distribution of mortgage on land prior to construction of a multi-family building 806
17.
Possibility of Assignment of Secured Debt and Distribution of Mortgage Holder's Loan 808
18.
Distribution order at the time of partial mortgage transfer registration after partial payment of debts 810
19.
813 Cases in which the waiver of a mortgage becomes an illegal act against the person with subrogation rights
20.
If a provisional registration is completed to secure the purchase price, it is interpreted as a weak transfer of security 816
21.
In cases where the transfer of a building is subject to the application of the Mortgage Act, the land occupant is the transfer mortgage holder 817
22.
If the secured creditor chooses an auction, the claim for registration of the principal cannot be filed due to liquidation. 820
23.
Method of distinguishing between secured registration and priority preservation registration in provisional registration 822
Chapter 26: Real Estate Registration 825
1.
Decision 825 on the inability to register
2.
Registration and exclusion period or statute of limitations 827
3.
Registration claim 831
4.
Issues surrounding interim registration and differences between it and a three-party trust (832)
5.
Presumptive power of registration completed by final judgment 834
6.
The true meaning of registration in accordance with the substantive relationship 836
Chapter 27: General Buildings 839
1.
Section 839 of the Commercial Building Division
2.
Possibility of restrictions on the types of business in commercial buildings 843
3.
Effect of industry restrictions on commercial buildings 845
4.
Commercial and multi-use buildings 848
5.
Sale of a commercial complex without walls 849
6.
Whether the boundary of a multi-unit building is destroyed and the ownership of separate units is integrated 851
7.
Due to the removal of partition walls, etc., the registration of a separate building is recognized only as a registration of shared property 852
8.
853. Failure to meet requirements for a separate store and request for transfer of ownership and delivery of the store.
9.
Problems with tenant structural changes in commercial buildings 855
10.
Article 856 of the Civil Act on the Co-ownership of Land by Unit Owners and the Civil Act on the Co-ownership of Land
11.
Change of use of commercial building 858
12.
Rooftop leak and waterproofing work for apartment buildings 860
13.
Leakage in Apartment Buildings and Burden of Proof 861
14.
Management team and some common area management team under the Apartment Complex Act 862
15.
Application for Appointment of Temporary Manager by Unit Owner of Apartment Building 865
16.
Case 866 where a manager's actions were invalidated without a resolution from the management meeting.
17.
Case 868: Dismissal of Claim for Unpaid Management Fees by a Commercial Building Management Group to a Commercial Building Trustee
18.
Termination of management duties by the management company designated by the apartment complex seller 870
19.
The management rights and obligations of the apartment complex seller are distinct from those of the management group. 872
20.
Purchase of a separate store that infringed on common areas and compensation for damages 874
21.
Possibility of claiming rent if the seller of a multi-unit building leaves part of the land in the seller's name 875
22.
877. Eligibility of the collective building and parties in lawsuits for management fees and infringement of sectional ownership rights
23.
879 In case the contract for consignment management is terminated during a lawsuit for management fees filed by the consignment management company of the building
24.
Possibility of a landowner requesting demolition of some of the unit owners of a multi-unit building 881
25.
883 Regarding the parking lot barrier dispute at a mixed-use apartment complex
26.
Parking lot usage issues in mixed-use buildings 884
27.
Possibility of acquisition by prescription of common areas of apartment buildings 886
28.
Establishment and Effect of Apartment Management Regulations 887
Chapter 28: Prohibition on Separate Disposal of Apartment Buildings? Preservation Act 889
1.
The prohibition of separate disposal under the Apartment Building Act and the issue of expansion of apartment buildings 889
2.
Registration of prohibition of separate disposal of apartment buildings and bona fide third parties 890
3.
The prohibition of separate disposal under the Apartment Building Act presupposes the establishment of separate ownership. 892
4.
Scope of application of the prohibition of separate disposal under the Apartment Building Act 894
5.
Separate registration of land interpreted as an exception to the prohibition on separate disposal of collective buildings Article 895
6.
Unauthorized use of common areas of apartment buildings and preservation of common areas 897
7.
900 Claim for exclusion of interference and preservation action due to infringement of shared ownership by store owners
8.
902 Denial of the claim for delivery as a preservation act between co-owners and abolition of the distinction between separate stores
9.
903. Request for demolition as a preservation measure for a portion of a common area of a multi-family building.
10.
Criteria for Distinguishing Between Preservation and Management Act in the Apartment Building Act 906
11.
Issue 909: Removal of signs installed arbitrarily on the exterior walls of apartment buildings
Chapter 29: Preservation Measures for Real Estate? Execution 913
1.
Application for attachment or provisional disposition of real estate and order of filing of suit 913
2.
914 Provisional attachment on real estate subject to a provisional attachment
3.
Non-cancellable injunction 915
4.
Effect of registration of provisional disposition prohibition to preserve provisional registration claim 917
5.
Injunction against the execution of the title 919
6.
Validity of Real Estate Enforcement Special Agreement 920
7.
Article 921: Execution Officer's Duty to Remove Personal Property in Execution of Real Estate Delivery
8.
923. How the bailiff determines whether the debtor is in possession when executing a judgment for delivery of real estate.
9.
Distribution by mortgage established after provisional disposition registration with monetary claim as the main claim is legal 924
Chapter 30: Clan Real Estate 927
1.
927 Things to Consider When Buying Clan Land
2.
Invalidity of clan land sales without general meeting resolution and possibility of claim for return of unjust enrichment 928
3.
The date of establishment of the clan and the nominal trust of the clan land was 930.
4.
Case law commentary 930, stating that clan division cannot be recognized
5.
Possibility of Acquiring Farmland and Transferring Ownership Registration by the Clan 933
6.
Issue 935: Disposal of Clan Property
7.
Disposition of Clan Property 936
8.
Possibility of distribution of clan property 937
9.
938. Lawsuit to Confirm the Status of Clan Members Excluded from Distribution of Clan Property
10.
In the case where a clan transfers the right to claim transfer of ownership due to termination of a nominal trust, the transferee may claim transfer of ownership against the trustee. 940
11.
Case 942: Invalidity of the resolution of the general meeting to award clan property to a person with merit
12.
Possibility of disciplinary action against clan members 943
13.
Case 944: Invalidity of Resolution on Land Purchase Following Expropriation of Clan Land
14.
Differences in Membership Restrictions for Clans and Clan-like Organizations 945
15.
Presumptive power of registration under the Special Act 948
16.
949 Things to Keep in Mind When Filing a Lawsuit as a Plaintiff
Chapter 31: Inheritance of Real Estate 953
1.
Claims for Recovery of Inheritance and Property Rights 953
2.
Method of Disputing the Validity of Inheritance Registration According to the Statutory Share Before the Division of Inherited Property 954
3.
Abortion and Real Estate Heirs 957
4.
The ceremonial presiding officer, Geumyang Forest, and the grave site 958
5.
Inheritance by Substitution and Renunciation of Inheritance 961
6.
Case 962: The statute of limitations for a claim for the return of a reserved portion is calculated from the date of finality of the prior lawsuit.
Chapter 32: Compulsory Performance Fines, Compensation, Building Act, etc. (965)
1.
Parties to the Compulsory Performance Fine and Imposition Disposition under the Building Act 965
2.
Enforcement fine 966 for buildings without occupancy permits
3.
The performance penalty is a means of coercion to enforce performance 967
4.
Appeal against the imposition of a fine 969
5.
971 Request for Compliance with the Land Owner's Application for Correction of Land Number in Building Register for Adjacent Building Owner
6.
Plaintiff 973 for disposition related to major repairs to common areas of apartment buildings
7.
Case 975: Family members of victims of apartment fires seek compensation from local governments
Chapter 33: Roads, Graves, and Land Boundaries (977)
1.
Claim for return of unjust enrichment for road occupation 977
2.
Prescription for Acquisition of Roads and Determination of Self-Possession 978
3.
Treatment of graves installed in purchased forest land 979
4.
Claims for the existence and removal of grave site rights, rent, and extinction 981
5.
The other party to the claim for grave excavation is the person with the right to manage and dispose of the grave 985.
6.
Claim for Extinction of Grave Site Rights Due to Delayed Payment of Land Rent 987
7.
Case 990: Accepted request for confirmation of unclaimed grave
8.
Land Boundary Determination Petition 992
Publisher's Review
The second edition of this book was published on June 30, 2023.
Two years have already passed.
In the meantime, a number of Supreme Court decisions related to real estate law were handed down.
Accordingly, the author has reviewed the Supreme Court ruling (2025) issued after the publication of the second edition.
7. This book was written by reflecting the Supreme Court precedents (up to the 15th) and the precedents of each court that I learned while working, as well as the author's additional practical experience.
Accordingly, in the third edition of this book, some existing issues were revised and supplemented, and approximately 150 issues were added.
Since the goal of this book is to be a 'practical basic book' on 'real estate disputes in general', the table of contents for 'real estate donation', 'construction contract', 'real estate trust', etc., which were not in the second edition of this book, were added to organize the basic issues, and in the case of topics that include many issues such as 'housing lease' and 'commercial building lease', the topic was further subdivided and each issue was described, so that the issue you are looking for can be identified more easily.
I am grateful to our readers for allowing us to publish this third edition, which includes many additional issues.
However, I would like to consider whether it is desirable for the book to become thicker.
I am debating whether to reduce the book's content by organizing each issue into a list that can be integrated in the future, or to continue with the current method of maintaining a certain degree of completeness on each issue, even if there is some overlap.
The current method is good for readers who need to read the book as needed while working, but it has the disadvantage of making the book thicker.
As artificial intelligence becomes increasingly used in research papers and case law searches and their analysis, it is questionable whether the need for books like this one will diminish. However, based on my experience using artificial intelligence in the case law search market, I believe that a book like this one is absolutely necessary in terms of acquiring specific and practical knowledge that is essential for actual dispute resolution.
I believe that AI and practical books like this one have different directions and can coexist well. Furthermore, I believe that if practical books like this one continue to be published, AI can further develop based on them.
Lastly, I would like to express my gratitude to my spouse and partner, Attorney Yang Yeon-sun (specializing in family law, including inheritance, divorce, and guardianship), who runs the law firm with me, and to my children, who have always been a source of strength for me. I would also like to express my gratitude to Managing Director Lim Jae-moo of Park Young-sa, who has always been encouraging, and to Manager Jeong Yeon-hwan, who has been with me since the first edition of this book was published.
- October 2025
At the Seocho-dong office
Attorney Lee Seung-ju
Two years have already passed.
In the meantime, a number of Supreme Court decisions related to real estate law were handed down.
Accordingly, the author has reviewed the Supreme Court ruling (2025) issued after the publication of the second edition.
7. This book was written by reflecting the Supreme Court precedents (up to the 15th) and the precedents of each court that I learned while working, as well as the author's additional practical experience.
Accordingly, in the third edition of this book, some existing issues were revised and supplemented, and approximately 150 issues were added.
Since the goal of this book is to be a 'practical basic book' on 'real estate disputes in general', the table of contents for 'real estate donation', 'construction contract', 'real estate trust', etc., which were not in the second edition of this book, were added to organize the basic issues, and in the case of topics that include many issues such as 'housing lease' and 'commercial building lease', the topic was further subdivided and each issue was described, so that the issue you are looking for can be identified more easily.
I am grateful to our readers for allowing us to publish this third edition, which includes many additional issues.
However, I would like to consider whether it is desirable for the book to become thicker.
I am debating whether to reduce the book's content by organizing each issue into a list that can be integrated in the future, or to continue with the current method of maintaining a certain degree of completeness on each issue, even if there is some overlap.
The current method is good for readers who need to read the book as needed while working, but it has the disadvantage of making the book thicker.
As artificial intelligence becomes increasingly used in research papers and case law searches and their analysis, it is questionable whether the need for books like this one will diminish. However, based on my experience using artificial intelligence in the case law search market, I believe that a book like this one is absolutely necessary in terms of acquiring specific and practical knowledge that is essential for actual dispute resolution.
I believe that AI and practical books like this one have different directions and can coexist well. Furthermore, I believe that if practical books like this one continue to be published, AI can further develop based on them.
Lastly, I would like to express my gratitude to my spouse and partner, Attorney Yang Yeon-sun (specializing in family law, including inheritance, divorce, and guardianship), who runs the law firm with me, and to my children, who have always been a source of strength for me. I would also like to express my gratitude to Managing Director Lim Jae-moo of Park Young-sa, who has always been encouraging, and to Manager Jeong Yeon-hwan, who has been with me since the first edition of this book was published.
- October 2025
At the Seocho-dong office
Attorney Lee Seung-ju
GOODS SPECIFICS
- Date of issue: October 20, 2025
- Page count, weight, size: 1,028 pages | 188*254*60mm
- ISBN13: 9791130324265
- ISBN10: 1130324265
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