Identity Verification of the Parties to Contract
Identity Verification
- The parties to a lease contract are a lessor and a lessee. A lessor is generally the owner of a house for lease, but a person having an authority to dispose of the house or a lawful right to lease the house is also deemed a lessor (Supreme Court Decision 98Da49753 Decided dated April 23, 1999).
- A person who writes a lease agreement with a landlord shall verify whether the personal information written in the landlord's identification card is consistent with that in the relevant real estate register. For writing a lease contract through an attorney for the landlord, it is required to verify the power of attorney and the landlord's seal impression certificate.
Access to Real Estate Register
Definition of a real estate register
- A "real estate register" refers to a public ledger in which the history of the relevant real estate is recorded, including a change of ownership (Glossary of Legal Terms published by Ministry of Government Legislation).
· Information of real estate: location, lot number, land category, structure, size, etc.
· Legal relationship: the creation, preservation, transfer, change of, restrictions on disposal, extinguishment, etc. of ownership, superficies, easement, jeonsegwon, mortgage, pledge of rights, security rights over claims, right of lease, etc. (Article 3 of the Registration of Real Estate Act).
Definitions of register and certificate of registered matters
- The term "register" means a public ledger drawn up from information and data on registration that have been input and processed by a computerized information processing system, as prescribed by the Supreme Court Regulations. This public ledger is placed in a designated registry and is classified into a land register and a building register (Subparagraph 1 of Article 2 and Article 14(1) of the Registration of Real Estate Act).
- A "certificate of registered matters" is a document certifying the information recorded in a register (Article 19(1) of the Registration of Real Estate Act).
Perusal of Register or Issuance of Certificate of Registered Matters
Perusal of register
- Anyone may request a registry to allow him/her to peruse a registration record, upon paying fees. However, for the supplementary documents to a register, only the parts in wichi the requester has interests are available [Article 19 of the Registration of Real Estate Act, Article 31 of the Regulations thereof, Article 3 of the Regulations of Fees of Certificate of Registered Matters, etc. and Articles 2 and 4 of the Guideline for Affairs Concerning Perusal, etc. of Registration Records on the Internet (Supreme Court Regulation No. 1669)].
Issuance of certificate of registered matters
- Anyone may request a registry to issue a certificate of registered matters upon paying fees (Article 19(1) of the Registration of Real Estate Act, Article 27 of the Regulations of Registration of Real Estate, Article 2 of the Regulations of Fees of Certificate of Registered Matters, etc. and Articles 2 and 4 of the Guideline for Affairs Concerning Perusal, etc. of Registration Records on the Internet).
Register Composition and Matters to be Checked
Title section
- The title section of a land register includes indication number, information of receipt, location, lot number, land category, size, grounds for registration, and etc. (Article 13(1) of the Regulations of Registration of Real Estate).
- The title section of a building register includes indication number, information of receipt, location, lot number, building number, building specification, grounds for registration, and etc. (Article 13(1) of the Regulations of Registration of Real Estate).
Section A and Section B
- Section A (for a landloard, or Gap) and Section B (for a lessee, or Eul) include priority number, purpose of registration, receipt information, grounds for registration, titleholder, and etc. (Article 13(2) of the Regulations of Registration of Real Estate).
- Section A contains information of changes in ownership, provisional registration, registration of seizure; provisional seizure; decision on the commencement of auction; and provisional disposition that prohibits the owner from disposing of the real estate, and etc.
- Section B contains information of rights other than ownership, such as mortgage, jeonsegwon, etc., wherein the creation, change, transfer and canceled registration of mortgage, jeonsegwon, etc. are indicated.
Priority Order of Registered Rights
Priority order of registered rights
- Except as otherwise prescribed by Acts, the priority order of rights registered on the same real estate accords with the order of registration (Article 4(1) of the Registration of Real Estate Act).
- The priority order of registration made in the same Gu accords with the number of order; and the priority order of registration made in different Gu accords with the receipt number (Article 4(2) of the Registration of Real Estate Act).
- The priority order of supplementary registrations accords with that of main registration. However, the priority order among supplementary registrations relating to main registration accords with the order of registration (Article 5 of the Registration of Real Estate Act).
Confirmation of a Fixed Date, etc.
Request for information, such as a fixed date, and confirmation of a fixed date, etc.
- A person who intends to enter into a lease agreement mayobtain the consent of the lessor to request a fixed-date granting agency toview the following information or have written documents recording thereofissued (Article 3-6(4) of the Housing Lease Protection Act and Article6(2) of the Enforcement Decree of the same Act)
· The object of the lease;
· Date when a fixed date is granted;
· Rental fee and deposit;
· Term of lease.