ENGLISH

- The term "opposing power" refers to the lessee's legal right to insist on the terms and conditions of the lease contract to a third party, i.e., any person who has an interest in the leased house, including the lessor and any successor to the lessor (Article 3(1) of the Housing Lease Protection Act).

- Even though the lease is not registered, if the lessee ① is provided with a house and ② completes resident registration, the lessee is recognized as having opposing power from the following day thereof (Article 3(1) of the Housing Lease Protection Act).

- The term "handover of a house" refers to the transfer of possession of the leased house, which means that the actual domination over the house is transferred from the lessor to the lessee.

- The resident registration is deemed made at the time of the moving-in report (Article 3(1) of the Housing Lease Protection Act).

- If all or some of the members of a household change domicile, the person obligated to report such as the householder, etc. shall file a move-in report with the head of a Si/Gun/Gu having jurisdiction over the new domicile within 14 days from the date they move to the new domicile (Articles 10, 11 and 16(1) of the Resident Registration Act).

- If the lessee is provided with a house and completes resident registration, opposing power shall take effect against any third person from the following day thereof, and the resident registration is deemed made at the time of the moving-in report (Article 3(1) of the Housing Lease Protection Act).

- The term "preferential payment right" refers to the lessee's right to be reimbursed for the deposit from the converted price of the leased house, in preference to any junior obligees and other creditors, at the time of an auction and a public sale of the leased house (Article 3-2(2) of the Housing Lease Protection Act).

- The lessee acquires the preferential payment right when he/she has ① met the requirements for opposing power (takeover of the leased house and moving-in report) and ② specified the fixed date on the written lease contract (Article 3-2(2) of the Housing Lease Protection Act).

- The term "fixed date" refers to the legally recognized date verifying that the written contract for housing lease exists on the day when the written contract is prepared (Supreme Court Decision, October 2, 1998, 98 Da 28879).

- A fixed date is granted at the Eup/Myeon office, Dong community service center, or local office of the Si (excluding the Special Metropolitan City, Metropolitan Cities, and a Metropolitan Autonomous City, but including a Special Self-Governing Province)/Gun/Gu (referring to an autonomous Gu) where the relevant house is located, the district court, branch court thereof or a registry, or by a notary public (Article 3-6(1) of the Housing Lease Protection Act).

- The lessee, etc. who intends to obtain the fixed date for his/her preferential payment right must visit the Eup/Myeon office, Dong community service center, or local office of the Si (excluding the Special Metropolitan City, Metropolitan Cities, and a Metropolitan Autonomous City, but including a Special Self-Governing Province)/Gun/Gu (referring to an autonomous Gu) where the relevant house is located, the district court, branch court thereof, a registry or a notary public, with the original or a copy of the written housing lease contract(Article 2(1) of the Regulations of Granting of the Fixed Date on Written Housing Lease Contract and Provision of Lease Information).

- Where a lessee has concluded a housing lease contract using the information processing system, the lessee of the relevant house may apply for the fixed date on an electronic contract via the information processing system (Article 2-2 of the Regulations of Granting of the Fixed Date on Written Housing Lease Contract and Provision of Lease Information).

- The preferential payment right takes effect on the day when the lessee is provided with the leased house and completes the moving-in report or on the following day thereof starting at 0 am If the fixed date is already specified on the written lease contract (Supreme Court Decision, March 23, 1999, 98Da 46938).

- In order to exercise the preferential payment right, the requirements for the right must continue to be met until the date of the successful bid which is the time of termination of a demand for distribution pursuant to the auction procedures (Supreme Court Decision, October 10, 1997, 95 Da 44597).