Selling a house
In the case of sales
- It is recommended to understand the current market price and then determine the sale price before putting a house up for sale.
In the case of rental housing
- When you are ready to move, you need to contact the landlord to inform him/her that he/she needs to find a new tenant. Discuss the moving schedule afterward.
- If you ask a licensed real estate agent to arrange a new tenant, the landlord must pay the brokerage fee (see Statutory Interpretation 09-0384 of the Ministry of Government Legislation).
Recouping expenses
Receiving reimbursement of useful expenses
- “Useful expenses”refer to expenditures that a lessee has disbursed to increase the objective value of the leased object, and from which he/she makes a profit, a specific use, etc.(see Article 626 (2) of the Civil Act).
- The term “right to claim reimbursement of beneficial expenses” means that if the lessee has disbursed any useful expense and there is an increase in value until the lease is completed, the lessee may request the lessor to return the amount disbursed or the increased amount (Article 626 (2) of the Civil Act and Judgment No. 2001Da40381 sentenced by the Supreme Court on November 22, 2002).
Requesting the purchase of accessories
- “Accessories” are items that are attached to a house and belong to the lessee. They are not components of the house but provide objective convenience to the use of the house.
- The term “purchase offering right of accessories” means the right to request the lessor to purchase the accessories upon expiration of the lease contract if the lessee has attached an article to the building with the consent of the lessor for the convenience of the lessee or when there is an accessory purchased from the lessor wherein the lessee may request the lessor to purchase the accessories upon expiration of the lease contract (Articles 646 and 647 of the Civil Act).
Getting the long-term repair reserve back
- The “long-term repair reserve”is a reserve for the replacement and repair of major facilities according to a long-term repair plan and is collected and accumulated by a manager of an apartment from the owners of the houses in apartments consisting of at least 300 households or apartments fitted with an elevator or a central heating system (Articles 29 (1) and 30 (1) of the Multi-Family Housing Management Act).
- Requesting the return of the long-term repair reserve
· Since the manager of an apartment shall collect and accumulate the long-term repair reserve from the owner of the relevant house (Article 30 [1] of the Multi-Family Housing Management Act), the lessee may request the lessor to return the reserve which he/she has paid upon the expiration of the lease (Article 31 (8) of the Enforcement Decree of the Multi-Family Housing Management Act).