ENGLISH

Right of the seller 

Right of the purchaser 

The seller is entitled to request the price of purchase and sale on the contract date (Article 568 (1) of the Civil Act). 

The purchaser is entitled to demand that the ownership of real estate be transferred to him/her (Articles 568 and 569 of the Civil Act). 

The purchaser is entitled to demand that the seller cooperate in applying for the registration of the transfer of ownership (Article 23 (1) of the Registration Of Real Estate Act). 

Even after ownership has already been transferred to a purchaser, if there is a defect in the real estate, the latter is entitled to rescind the contract (Articles 580 (1) and former part of 575 (1) of the Civil Act). 

Where the purpose of the contract cannot be achieved for the reason of defects in real estate, compensation for damages may be claimed (Article 580 (1) and latter part of 575 (1) of the Civil Act). 

Duty of the seller 

Duty of the purchaser 

The seller shall transfer the object of sale to the purchaser, and this shall be performed concurrently with the duty of the purchaser to pay the purchase price (Articles 568 and 569 of the Civil Act). 

The purchaser shall pay the purchase price to the seller on the day when the contract is made (Article 568 (1) of the Civil Act). 

Even after ownership has already been transferred to the purchaser, if there is a defect in the real estate, the seller shall bear a certain liability to the purchaser (Articles 580 (1) and former part of 575 (1) of the Civil Act). 

The seller shall cooperate with the purchaser in applying for the registration of the transfer of ownership (Article 23 (1) of the Registration Of Real Estate Act). 

Right of the lessor 

Right of the lessee 

The lessor is entitled to demand the lessee to pay the monthly rent on the payment date (Article 618 of the Civil Act). 

A lessee shall acquire the right to use and profit from a house through a lease contract (Article 618 of the Civil Act). 

Upon expiration of the lease contract term, the lessor is entitled to demand the lessee to return the leased housing (Article 613 (1) of the Civil Act). 

• Unless otherwise agreed between the parties to the contract, the lessee is entitled to demand that the lessor cooperate in the registration of the housing lease (Article 621 (1) of the Civil Act). 

• In the event that the lessor does not return the security deposit after the expiration or termination of the contract term, the lessee may use the leasehold right registration order of the court to register the right of lease (Article 3-3 (1) of the Housing Lease Protection Act). 

• In the event that the lessee proceeds with a lawsuit concerning the lease registration and wins it, he/she may register alone (See Article 23 (4) of the Registration of Real Estate Act). 

① The lessor is entitled to claim for an increase of the monthly rent or the security deposit if it has become unreasonable because of a change in the economic situation, including tax and utility fees (Former part of Article 7 (1) of the Housing Lease Protection Act). 

② Requests for an increase cannot be made within one year after the lease contract or the increase in the agreed monthly rent or deposit, and they cannot exceed 5% of the agreed rent or deposit (Latter part of Article 7 (1) and the main body of Article 7 (2) of the Housing Lease Protection Act). 

The lessee is entitled to claim for a reduction of the rent or the deposit  

① if a part of the leased house is destroyed (demolished) or becomes unavailable for use or profit for a reason for which the lessee is not responsible (Article 627 (1) of the Civil Act), or 

② if the agreed monthly rent or security deposit has become unreasonable because of a change in the economic situation, including tax and utility fees (Former part of Article 7 (1) of the Housing Lease Protection Act). 

Upon the termination or expiration of a lease contract term, the lessor is entitled to demand the lessee to return the leased house after recovering it to its original state at the time of leasing it (Articles 654 and 615 of the Civil Act). 

In the event that, for the convenience of use, the lessee has attached an accessory to the leased house with the agreement of the lessor or has purchased one, the lessee is entitled to demand that the lessor purchase the accessory upon the termination of the lease (Article 646 of the Civil Act). 

In the event that the lessor does not want to purchase the accessories, the lessee may remove them from the property (Articles 654 and 615 of the Civil Act). 

In the event that the lessor performs certain actions necessary to preserve the leased house, the lessee shall not object to such (Article 624 of the Civil Act). 

In the event that the lessee spends the necessary expenses to preserve the leased house, he/she may immediately claim a reimbursement of such expenses from the lessor (Article 626 (1) of the Civil Act). 

In the event that the useful expenses disbursed by the lessee increase the value of the leased house at the time of the expiration of the lease contract, the lessee may claim a reimbursement of such expenses or the value of such increase from the lessor (Article 626 (2) of the Civil Act). 

Duty of the lessor 

Duty of the lessee 

The lessor shall deliver the object to the lessee and allow the lessee to use of and profit from the leased house (Article 618 of the Civil Act). 

The lessee shall pay a monthly rent to the lessor for the use of and profit from the leased house (Article 618 of the Civil Act). 

Once the lessor has delivered to the lessee the leased house, the lessor shall try to remove every obstacle to using and profiting from the house so that the lessee may continue using and profiting from the house successfully (Articles 214 and 623 of the Civil Act). 

The lessee shall use and profit from the leased house for a specified purpose in accordance with the lease contract (Articles 654 and 610 (1) of the Civil Act). 

The lessor shall bear the liability for security (Articles 567 and 580 of the Civil Act) 

① if defects in the rights concerning the house prevent the lessee from using and profiting from it, or 

② if defects in the leased house prevent it from being used and profited according to the agreement (Articles 567 and 580 of the Civil Act). 

Upon the termination or expiration of the lease contract, the lessee shall return the leased object after recovering it as it was at the time of lease (Articles 654 and 615 (1) of the Civil Act). 

Upon the termination or expiration of the lease contract, the lessor shall return the security deposit to the lessee (Judgment No. 87DaKa1315 sentenced by the Supreme Court on January 19, 1988).