Fixed Date (Hwakjeong Ilja) for a Housing Lease

At a glance

• A tenant with both a fixed date and the opposability requirements (delivery of the house and resident registration) has the right to be repaid the deposit ahead of junior right holders in an auction or public sale.
• Fixed dates are given by town/township offices, community service centers, branch offices of cities/counties/districts, district courts and their branches, registry offices, and notaries. You can also apply at the Supreme Court Internet Registry Office.
• The statutory fee is 600 KRW per case in person and 500 KRW per case at the Internet Registry Office.
• For foreigners, foreigner registration and the report of change of residence replace resident registration and the move-in report.

Who does this

• A person holding the housing lease contract may apply for a fixed date.
• An electronic fixed date at the Internet Registry Office may be requested by the landlord or tenant of the house, among others.
• A tenant who wants priority repayment of the deposit needs, besides the fixed date, delivery of the house and resident registration (for foreigners, foreigner registration or report of change of residence).

Where to apply

• The town/township office, community service center, or city/county/district branch office where the house is located
• District courts and their branches, and registry offices
• Electronic fixed date at the Supreme Court Internet Registry Office. Individuals need a certificate designated and announced by the Minister of Court Administration.
• Notaries

What to bring

• The original lease contract
• ID to confirm identity: resident registration card, driver's license, passport, or residence card, etc.
• The contract must be a completed document stating the landlord's and tenant's details, the leased property, the lease term, and rent and deposit, with the signature or name and seal of the parties.
• If the contract has two or more pages, it needs seals across the pages, and corrected parts need the number of corrected characters and the signature or seal of the parties.

Cost

• These fees apply at community service centers and similar offices, as well as at courts, registry offices and the Internet Registry Office. Notary fees follow the Notary Fee Rule.
• There are fee exemption provisions for basic livelihood recipients and others set by the rules. This exemption does not apply to applications at the Internet Registry Office (proviso).

Procedure

• First, complete the contract with no blank fields and obtain the signature or name and seal of the parties.
• Next, visit a fixed-date office with the original contract and ID, or apply for an electronic fixed date at the Internet Registry Office.
• The office gives the fixed date by marking the fixed-date number, the date given, and the office on the contract.
• For priority repayment, also complete delivery of the house and resident registration (for foreigners, foreigner registration or report of change of residence).

Common sticking points

• For electronic fixed dates, applications received after 16:00 on weekdays may be processed on the next working day, and those received after 18:00 on weekdays or on Saturdays or holidays are processed on the next working day.
• A contract that already has a fixed date cannot get another one, except where new terms are added to it for a renewed contract.
• Opposability takes effect from the day after delivery of the house and resident registration are completed.
• Housing leases with a deposit over 60,000,000 KRW or monthly rent over 300,000 KRW must be reported within 30 days of the contract date (designated areas only), and once such a report with the lease contract is accepted, a fixed date is deemed given. Failing to report or false reporting carries an administrative fine of up to 1,000,000 KRW.

This guide is general information and does not assess any individual case. Laws and fees can change, so check the original text via the official links and with the competent office.