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Showing posts with the label Rental Contracts

One Hundred Tests Korea's Fifty Million Won Line; Seventy Sets the Brokerage Fee Base

The Scene A one-room flat in Seoul, let on the ordinary arrangement: a deposit of 3,000,000 won and a rent of 350,000 won a month. The agency drafted the lease, the tenant moved in, and the invoice for the brokerage fee came to 190,000 won. The tenant had already worked the figure out from the same rate table framed on the agency wall, and had reached 137,500 won. Neither had misread the table, and both had taken 0.5 percent of a transaction value. They had built that value two different ways. Korea charges the brokerage fee neither on the rent nor on the deposit, but on a converted figure the ministry rule assembles out of both. One sentence of that rule assembles 38,000,000 won from this lease. The sentence immediately after it assembles 27,500,000 won from the same lease. The first figure exists to decide which of the two sentences applies; the second is the one the fee is charged on. Treating the first as the base is the whole of the disagreement, and on this lease it is worth 52...

Seoul's Fifty-Five Million Won Priority Repayment Follows the Mortgage Date, Not the Lease

The Scene A small Seoul apartment building goes to auction. The tenant on the second floor handed over a 150 million won deposit, the lender's mortgage was registered years before that lease was signed, and a court is about to divide the sale proceeds between them. The tenant has been told, correctly, that Korean law puts a slice of a lease deposit ahead of a mortgage lender, and that in Seoul the slice is 55 million won. That figure is real. It is printed in “제10조제1항” , Article 10 (1) of the Enforcement Decree of the Housing Lease Protection Act, first subparagraph, Seoul Special Metropolitan City. The same figure can also be zero for the same tenant in the same auction. Not because the tenant fails some hidden condition, but because the Decree's Addenda hand the tenant whichever version of the schedule was in force when the lender acquired its security right. On the dominant wording the lease date does not enter that test. This piece follows the 55 million won throu...

Which Rate Caps a Jeonse-to-Monthly Conversion in Korea, Ten Percent or Base Plus Two?

The Scene A renewal conversation in Seoul often opens with a number that sounds like a rule. The landlord wants to hand back part of a jeonse deposit and start charging monthly rent on the returned slice. The tenant asks what the ceiling is. Someone says ten percent, because that is the figure printed in the statute book, and the conversation moves on to whether the boiler gets replaced. The ten percent figure is real. It is also, on the arithmetic that applies in September 2026, the wrong half of the rule. Korean law sets the conversion ceiling as the lower of two competing rates, and the second one has been the operative one for years. On 27 August 2026 the Bank of Korea moved its policy rate again, which moved the operative ceiling with it, and the ten percent number stayed exactly where it was: printed, correct, and not binding on anything. This matters because a conversion is not a rent increase. Korean tenancy law treats the two as separate mechanisms with separate limits, ...

Korea's Tenant Protection Against a New Owner Begins at Midnight the Following Day

The Scene A lease on a small apartment in Seoul is signed on a Tuesday. The balance of the deposit clears on Friday morning. Keys change hands, boxes go up the stairs, and by early afternoon the tenant is at the community service center filing the move-in report. The lease contract comes back with a fixed-date stamp on it. Everything on the checklist is done, in the right order, on the same day the money moved. At three o'clock that same afternoon, a bank registers a mortgage against the property. The registry clerk records it with Friday's date. Nothing in that sequence looks like a mistake. The tenant moved in, registered, and stamped the contract without losing a single day. And yet, if the property is later sold or auctioned, the bank's Friday mortgage outranks the tenant. Not by a technicality of office hours, and not because the clerk was faster. Under the Housing Lease Protection Act, the tenant's protection had not started at any point on Friday. It starte...

One Number Decides Which Parts of Korea's Commercial Lease Act a Shop Keeps

The Scene A Korean series parks its second act inside a small shop — a chicken place, a bakery, a bar with six tables. Two years on, the landlord names a new rent, and the tenant answers that the law caps the increase at five percent. The five percent is real. It is written in Article 4 of the Enforcement Decree of the Commercial Building Lease Protection Act (상가건물 임대차보호법). So is the renewal right that English-language summaries usually pair with it: Article 10(2) of the Act holds the landlord to renewals for a total lease term of up to ten years. Both statements are accurate about the Act. Neither is automatically accurate about a given shop. Article 2 draws a line before any of that. The line is not floor area, not the kind of business, not whether the tenant is Korean. It is a single amount of money, assembled from the lease itself and compared with a figure the Presidential Decree sets for the region the building sits in. Above that figure, one sentence — Article 2...