Lecture 1: The Meaning of Real Estate Rights Analysis and Deletion Criteria

1.
The Significance of Real Estate Auctions 4
2.
Article 4: Meaning and Basis of Real Estate Rights Analysis and Cancellation Criteria
3.
Explanation of each deletion criterion 8
4.
10 Specific Meanings of the Deletion Criteria
5.
Special cases that function as deletion criteria 12
6.
Case 14: Change in cancellation criteria through subrogation
7.
16 Common Rights Analysis Cases
go.
① Mortgage → ② Attachment → ③ Voluntary or compulsory auction by the mortgagee (seizure holder wins) 16
me.
① Existence of a housing tenant (counter-requisites + confirmed date) → ② Third-party auction application (voluntary or compulsory auction) 17
8.
Lesson 1 Checkpoint 17

Rights listed in Section A of the Certificate of Registration of the Second Lecture

1.
Summary of rights recorded in the registration certificate 20
2.
Attachment Registration 21
go.
The significance of attachment 21
me.
Case 22: Analysis of the Right to Seizure
(1) Brief summary of the matter(
(2) If B applies for an auction, 22
(3) If A applies for an auction, 24
(4) Notes 1 24
(5) Note 2 25
all.
Distribution Method for Priority Attachment 25
3.
Provisional Disposition Registration 26
go.
General case 26
me.
Exceptional Cases in Which Subordinate Injunctions Do Not Extinguish 29
(1) Demolition lawsuit filed by landowner against building owner 29
(2) Provisional disposition in the nature of advance registration 31
(3) Relationship between provisional disposition and Article 91, Paragraph 3 of the Civil Execution Act 32
all.
Provisional disposition of land within land transaction permit zone 33
la.
34. Preservation of Mortgage Act Acting as a Criteria for Cancellation
4.
Registration No. 35
go.
The significance of registration 35
me.
Case 40 of Rights Analysis and Distribution Related to Registration
(1) Case 40
(2) Case Study 40
all.
The registration date is 1984.
1. 1.
The collateral registration established thereafter is cancelled based on the standard of 41
la.
Mortgage preservation provisional registration functioning as a cancellation standard 43
mind.
Preservation of the right to claim transfer of ownership registration and the period of exclusion or statute of limitations 44
bar.
Whether the auction process must be suspended if a priority registration exists 46
buy.
Loss of ownership by the successful bidder (purchaser) and collateral liability of the dividend creditor due to the main registration according to the priority registration 47
ah.
48 Priority registrations not taken over by the successful bidder (purchaser) in land transaction permit zones
5.
Pre-registration 49
6.
Seizure registration 53
7.
Repurchase Special Agreement Registration 56
go.
Basic Theory 56
me.
58. Actions taken by the auction court when a special repurchase agreement exists during the investigation of auctioned real estate during seizure proceedings.
8.
Exchange registration 60
9.
Registration of Auction Commencement Decision 60
10.
Lesson 2 Checkpoint 62

Rights listed in Section B of the Certificate of Registration of the Third Class

1.
Summary of Rights Recorded in the Registration Certificate 68
2.
Mortgage 69
3.
Mortgage 77
4.
Joint Mortgage 79
5.
Factory Mortgage 82
6.
Surface rights 85
7.
Area 90
8.
Jeonse Kwon 94
go.
Basic Theory 94
me.
In-depth Analysis of Leasehold Cases 100
(1) 100 Cases Concerning the Status of a Lessee with the Status of a Lessee and the Opposing Power
(2) The status of a lessee with the right to oppose and the status of a lessee with the right to oppose, and case law 102 on false representation of leasehold rights
9.
Leases registered under the Civil Act 106
go.
Basic Theory 106
me.
In-depth analysis of case law related to registered leases, etc. 108
10.
Registration of lease rights by lease registration order 111
11.
Lesson 3 Checkpoint 114

Lecture 4 Tenants under the Housing Lease Protection Act

1.
Basic Theory 120
2.
Lesson 4 Checkpoint 136

Lecture 5 Tenants under the Commercial Building Lease Protection Act

1.
Basic Theory 140
2.
147 Things to be Specially Careful About When Buying a Commercial Building at Auction
go.
Issue 147: Succession of Overdue Management Fees
me.
The problem of overdue rent and contract termination 149
all.
The problem of the tenant's right to request renewal of the contract 150
la.
The problem of prohibiting the obstruction of the tenant's recovery of key money due to the succession of the landlord's status 153
mind.
156 Things to Consider When Buying a Commercial Building with a Disappeared Boundary at Auction
3.
Lesson 5 Checkpoint 158

Lesson 6: Statutory Ground Rights

1.
The meaning and types of statutory superficies 162
2.
Statutory superficies by execution of mortgage 164
3.
Statutory ground rent under customary law 168
4.
Lesson 6 Checkpoint 169

Lecture 7: In-Depth Analysis of Statutory Land Rights Case Law

1.
Co-ownership and Separate Ownership Co-ownership and Statutory Superficies 174
2.
Conflict between Secured and Statutory Rights 177
3.
Case 179 of Statutory Ground Rights Established Even for Unlicensed and Unregistered Buildings
4.
Statutory ground rights recognized only for buildings 182
5.
Acquisition and transfer of statutory ground rights and building demolition requests 186
6.
A buyer who acquires a building with a statutory ground right through an auction process also acquires the statutory ground right. 188
7.
Establishment of statutory superficies and claim for rent on a building under construction by execution of mortgage 190
8.
Whether a statutory right of superficies is established by customary registration through provisional registration 192
9.
Establishment of Statutory Land Rights and Landowners' Response Methods 194
10.
Lesson 7 Checkpoint 197

Lesson 8 Grave Site Rights

1.
Basic Theory 202
2.
Lesson 8 Checkpoint 208

Lesson 9: Childcare Rights

1.
Civil Lien 212
go.
The significance of civil custody 212
me.
213 Lawful possession of another's property or securities
all.
The Relationship Between Bonds and Goods 216
la.
The bond's maturity date arrives 218
mind.
Absence of exclusion clause for kindergarten rights, etc. 218
2.
Commercial Liability 224
3.
The Superiority of Mortgages and Liens 226
4.
Childcare and Criminal Issues 229
5.
Lesson 9 Checkpoint 231

Lecture 10: In-Depth Analysis of Child Support Cases

1.
234. Whether to oppose seizures, attachments, and liens against real estate
2.
Whether the lien is extinguished when the auction by lien is suspended due to a forced auction, etc. 238
3.
239. Whether the statute of limitations for a lien confirmation suit and secured claims is suspended.
4.
Litigation to Confirm Non-Existence of Mortgagee's Lien 241
5.
243. A lawsuit to confirm the non-existence of a lien when the lien is not asserted during the auction process.
6.
Litigation to recover possession and confirm existence of lien by lien claimant 245
7.
Other precedents related to custody rights 247
8.
Lesson 10 Checkpoint 249

Lesson 11: Legal Restrictions on Real Estate Acquisition

1.
Acquisition of land within land transaction permit zone 254
2.
Acquisition of farmland 256
3.
Acquisition of basic assets of school corporations 260
4.
Acquisition of Basic Assets of Social Welfare Corporations 263
5.
Acquisition of Basic Assets of Medical Corporations 265
6.
Restrictions on the disposal of traditional temple property 267
7.
Road 269 under the Building Act
8.
Lesson 11 Checkpoint 271

Lecture 12 Special Problems

1.
The Problem of Surplus 274
2.
The Problem of Shared Equity Sale 276
3.
Separate registration of land interpreted as an exception to the prohibition on separate disposal of collective buildings 279
4.
Issues related to non-registration of land rights in apartment buildings 282
go.
Establishment of separate ownership rights 282
me.
Acquisition of land use rights by purchasers of exclusive portions through the prohibition of separate disposal under Article 20 of the Apartment Building Act 284
all.
Validity of seizure and attachment of land only in violation of the prohibition of separate disposal under the Apartment Building Act 288
la.
Possibility of claims for return of unjust enrichment between unit owners 289
mind.
Claim for unjust enrichment by the purchaser of the land share against the owner of the exclusive portion 290
5.
Restrictions on the Exclusive Use and Benefit Rights of Landowners and Real Estate Auctions 293
6.
Road Owners' Claims for the Return of Unjust Enrichment and Taxation Issues 295
7.
Illegal Construction and Real Estate Auctions 297
8.
Nominal Trust and Real Estate Auction 298
9.
Scope of management fee acceptance by successful bidder 301
10.
The question of whether trees are acquired when land is auctioned 304
11.
Real Estate Delivery Order 307
go.
Overview 307
me.
Party to the Indian Order 308
(1) Applicant 308
(2) Opponent 309
all.
Application for Extradition Order 310
la.
Trial and Execution of the Indian Order 310
mind.
Method of Appeal 311
bar.
Application for an extradition order and application for an injunction prohibiting transfer of possession 312
buy.
The Relationship Between an Extradition Order Application and an Extradition Litigation 313
12.
Lesson 12 Checkpoint 314

Lesson 13: Dividend Demand, Dividend Order, and Dividend Cases

1.
The Meaning of Dividends and the Need for Dividend Analysis 320
2.
Scope of creditors receiving dividends and dividend demands 321
3.
Overview of the Dividend Procedure 328
go.
Declaration of Bonds 328
me.
Implementation of dividend procedures 330
all.
Scope of creditors receiving dividends 330
la.
Designation of dividend payment date 330
mind.
Amount to be distributed: 331
(1) Payment (No. 1) 331
(2) Delayed Interest (No. 2) 331
(3) Appeal guarantee or delay interest (No. 3, No. 4) 331
(4) Guarantee of purchase application by previous purchaser (No. 5, Article 79 of the Rules) 332
bar.
Preparation and placement of the original dividend table 332
buy.
Dividend Rank 332
ah.
Dividend Date 332
(1) Confirmation of dividend table 332
(2) Objection to the dividend table 334
(3) Objections to the dividend table and unjust enrichment 338
ruler.
Implementation of Dividends 339
(1) In case dividends must be paid, 339
(2) Issuance of execution copy or bond certificate, receipt and issuance of receipt 339
(3) Deposit of dividends 339
(4) Handling of deposited dividends 340
(5) Preparation of dividend payment date record 341
car.
Dividend's Lawsuit 341
4.
Dividend ranking 341
go.
Dividend ranking determination date 341
(1) Base date for taxes, mortgages, leasehold rights, etc. 341
(2) Ranking standard date for the current tax 344
(3) In case of registration of provisional disposition prohibition to preserve the right to claim registration of mortgage establishment, the priority calculation date is 344.
me.
Dividend Ranking Table 345
(1) In case the seized property has a claim secured by a mortgage or leasehold right established prior to the statutory due date of the tax claim, 347
(2) In case the seized property has a claim secured by a mortgage or leasehold right established after the statutory due date of the tax claim, 355
(3) In case there is no claim secured by mortgage, etc. on the seized property 356
5.
Specific dividend case 357
go.
Distribution and Circulation Dividends (Practice) 357
me.
Case 1 357
all.
Case 2 359
la.
Case 3 360
mind.
Case 4 360
6.
Lesson 13 Checkpoint 362

Lecture 14: Objections to Dividends, Creditors' Right to Cancellation, and Claims for Return of Unjust Enrichment

1.
Dividend Objection 366
go.
Meaning 366
me.
Party Eligibility 366
all.
Jurisdiction Court 368
la.
Litigation Procedure 369
mind.
Effect of the Judgment 372
2.
Creditor's Right of Cancellation in Auction Proceedings 373
go.
Problem 373
me.
Auction Stage-by-Stage Restoration Method 375
(1) If the beneficiary receives dividends 375
(2) If a dividend table is prepared but the beneficiary does not receive the dividend, 376
(3) In case of objection to the dividend payment date 377
all.
The Relationship Between Dividend Claim Assignment Methods and Dividend Objection Lawsuits 379
la.
381 Things to Note in Litigation Practice
mind.
383 The relationship between the canceling creditor and the beneficiary's proper creditor
(1) Problem 383
(2) Solution 383
3.
Claim for return of unjust enrichment by a person who did not receive a dividend 385
go.
Problem Statement 385
me.
If the content of the dividend statement does not match the rights relationship under substantive law, a claim for unjust enrichment may be made. 385
all.
If the contents of the dividend statement are consistent with the rights relationship under substantive law, a claim for unjust enrichment cannot be made. 387
la.
If a statement of claims is submitted that only states a portion of the claims, a claim for return of unjust enrichment cannot be filed. 389
mind.
The scope of the claim for return of unjust enrichment is limited to the amount of damage suffered by the claimant.
4.
Lesson 14 Checkpoint 391

Preface to the Second Edition

The first edition of this book was published on June 25, 2022, approximately three years after its publication.
In the meantime, there have been changes in some laws and the accumulation of case law, and there have also been the discovery of case law that I was unaware of.


I am currently teaching 'Real Estate Rights Analysis' at Konkuk University's Graduate School of Real Estate, and if you count back to 2018 when I started teaching, I have been teaching for eight years already.
If I had not continued to lecture at the Graduate School of Real Estate at Konkuk University, I would have had a difficult time revising this book. Fortunately, I was able to quickly revise this book because I was able to supplement the changes in laws and precedents confirmed through my practical work while teaching.

The major changes reflected in this book, other than the supplementation of some sentences and correction of some typos identified after the first edition was published, are summarized as follows.

Part 1 of Lecture 1
'6.
Regarding the case of change in the cancellation criteria through subrogation, 2023.
2. The content was revised in consideration of the change in the priority distribution standards for small tenants in the Enforcement Decree of the Housing Lease Protection Act, etc., which were revised on the 21st.

Part 2 of the lecture
Among the provisional dispositions for buildings under the criteria for deletion, in the case where the landowner files a lawsuit against the building owner to demolish the building and obtains an injunction against the disposal of the building, if the landowner wins the lawsuit, the building is likely to be demolished, and thus, if the building is awarded the bid, there is a possibility that the injunction will be taken over. Supreme Court 2022.
3. 31. The judgment of 2017da9121, 9138 (combined) was explained in detail.
'mind.
Some of the contents of the section on ‘Preservation of the right to claim transfer of ownership registration and the period of exclusion or statute of limitations’ were revised, and an explanation of the ‘Supreme Court Decision 2016da42077 (which states that there is no special limitation on the period of exercise of the right to complete reservation agreed upon between the parties)’ was added.

Part 3 of the lecture
'6.
Regarding the ‘surface rights’, the following part was added, “In the case of general surface rights in an auction, they are acquired by the purchaser only if they are of the highest priority, but in the case of a sub-surface right acquired through ‘expropriation or use decision’ (see Article 289-2 of the Civil Act), the purchaser acquires it even if it is of a lower priority (see Article 4 of the Sub-surface Rights Registration Rules under the Urban Railway Act, etc.).” and an explanation of the above content was added.

Part 4 of the lecture
2023.
2. 21. The contents of the ‘Table’ were revised to reflect the revised Enforcement Decree of the Housing Lease Protection Act, etc., and the Seoul Central District Court decision 2021 Ga Dan 5013199 was deleted and the Supreme Court decision 2022 Da 279795 was inserted, while the Supreme Court decision (which stated that the burden of proof that the lessor intends to actually reside in the intended residence lies with the lessor) was explained.


Part 7 of the lecture
'8.
The issue of 'whether a statutory right of superficies is established through a provisional registration and a customary registration' was added.
To summarize the above issue briefly, 'If the landowner builds a building and completes the registration of preservation of ownership of the building between the provisional registration for the preservation of the right to claim transfer of ownership registration for the land and the main registration, if the provisional registration holder makes the main registration for the land, the customary statutory superficies for the building is recognized (Supreme Court Decision 81da1298), but if the provisional registration is a secured registration, the building did not exist at the time of the secured registration, so the customary statutory superficies for the building is not recognized when considering the provisional registration secured creditor's expectations or interests regarding the collateral value (Supreme Court Decision 94da5458)'.

Part 8
Supreme Court (Jeonhap) 2023.
5. 11.
According to the decision of Sentence 2018da248626, “If an agreement cannot be reached between the joint heirs, it is most reasonable to consider that the eldest of the closest relatives among the direct descendants of the deceased, regardless of gender or legal status, shall have priority as the presiding officer of the ancestral rites, unless there are special circumstances that make it impossible to recognize the position of the presiding officer.”
However, it is reasonable to assume that the new legal principle will only be applied in cases where the inheritance of ancestral property occurs after the pronouncement of this judgment,” the court added, explaining its contents.

Part 13 of Lesson 13
'me.
The 'dividend ranking table' section and '6.
In the 13th lecture, the revised National Tax Basic Act (2023.
4. 1.
Enforcement) and revised Local Tax Basic Act (2023.
5. 4.
Reflecting the enforcement), “the current tax takes precedence over any claim except for the highest priority wage claim and the security deposit of a small tenant.
However, an exception is made in cases where the statutory due date for the tax is later than the date of confirmation of the lessee (date of establishment of the leasehold).

It is thanks to the support of our readers that the second edition of this book was able to be published.
I would like to express my gratitude to everyone who purchased this book and studied it.
And I would like to express my love to my wife and business partner, Attorney Yang Yeon-sun (specializing in family law including divorce, inheritance, and guardianship), my eldest daughter who entered college this year and is adjusting well, and my youngest son who loves soccer and studies hard.

2025.
7. 25.
At the Seocho-dong office
Attorney Lee Seung-ju