Hello everyone, I am Woo Kwang-il, a lawyer specializing in inheritance. Nowadays, those who have invested in apartments or villas with borrowed money might be facing some difficulties. This is because interest rates have risen, leading to a drop in prices. Consequently, we are seeing cases of reverse jeonse. On the other hand, our tenants might be feeling a bit happier. Jeonse prices have decreased, and some landlords may have offered to cover the difference in jeonse interest payments. However, for those living in jeonse, there can be some anxiety. If a landlord has purchased the house we are renting with borrowed money for investment purposes, and when we request the return of our jeonse deposit because we are moving out, they respond with I don't have the money, but I'll pay you when the next tenant moves in, it creates a situation of concern for us. Therefore, in this video, I will discuss what tenants should absolutely avoid doing when they hear such statements from their landlords.

Let's talk about actions that are not allowed. For example, we signed a lease for an apartment with a deposit of 500 million won. However, as our relationship is coming to an end, we are noticing opportunities to move to another apartment with the same deposit because the apartment prices are dropping. Alternatively, there may be situations where we need to move due to children's education issues or the father's job. So, as tenants, we notified the landlord two months before the contract expiration that we would not be renewing the lease. I will explain why it's two months in the next video. If the tenant refuses the contract, the landlord cannot reject that refusal. Now, the tenant requested the deposit back by January 31, 2023, and this tenant is looking for a new place and has signed a new lease. On the morning of January 31, 2023, while moving out, they received the deposit back.

I planned to deposit the remaining balance of 450 million won for the lease as I moved into our new house in the afternoon. The contract expiration date arrived, so I called the landlord to ask for the deposit. However, the landlord said that they couldn't find a new tenant and didn't have the money, so they would only give me half of the deposit for now and asked me to move in. They promised to pay the other half in a week and even offered to write a loan agreement if necessary. Having this conversation with the landlord on the morning of the moving day made me feel anxious. I started to worry about how to handle the lock and whether I could trust the landlord's words. I had a lot of concerns. Then, I called the new landlord and explained that the previous landlord was only giving me half of the deposit now and promised to give the other half in a week. I asked if it would be okay for me to pay half today and the other half in a week.

I will ask, so the new landlord says that he also has a tenant who is currently moving out, so he needs to receive money from that person and cannot proceed. He states that if you do not deposit the entire security deposit today, the contract will be considered void, and I will keep the 50 million won. In this situation, what can the tenant do? They have to break all their savings and deposits, and what about the shortfall? They call their parents and in-laws to somehow gather the remaining balance and send it to the new landlord. Anyway, they managed to pay the balance and moved in successfully. A week has passed, and I called the previous landlord. However, the landlord does not answer the phone. From this point on, you will feel uneasy. I checked the registration of the house I used to live in, and I found that as of January 31, 2023, a mortgage of 400 million won had been established.

A day later, on February 1, 2023, our chaebol family's youngest son, Song Joong-ki, had a seizure of 300 million won. Now, does this sound like someone else's story to you? It doesn't. Such cases are really common. So, what do you think the next step is? That's right, it went to auction. This house was sold at auction for 800 million won. However, as I mentioned in the last video, our tenants are ranked... what rank? That's right, fifth. As you saw in the last video, after deducting execution costs, necessary expenses, and other fees, what remains is minimal. The bank that has the mortgage will take about 300 to 400 million won. And Song Joong-ki will also take 300 million won. So, after all these deductions from the 800 million won, there will be nothing left. The 250 million won that I couldn't receive, half of it, will be a situation where we cannot recover anything. In such a situation, we...

A tenant is in the fifth priority. You cannot elevate the fifth priority to the fourth, third, second, or first priority. However, among the fifth priority, it is possible to receive preferential repayment. Now, let's explore that method. A tenant is someone who has entered into a lease agreement with the landlord, so in principle, the tenant can only assert their rights against the landlord. For example, if a house where the tenant is living under a lease goes to auction, the tenant can assert their rights against the landlord, but cannot assert their rights against a third party. This is because the tenant has entered into a lease agreement with the landlord and has not made any agreements with third parties. The Housing Lease Protection Act grants tenants, who have a creditor's right, a property right against third parties if they meet just two conditions. This is referred to as the right of defense.

Let's take a look at Article 3, Paragraph 1 of the Housing Lease Protection Act. Even if the lease is not registered, the tenant gains effectiveness against third parties from the day after the tenant has received the housing and completed the resident registration for the second housing. In this case, it is considered that the resident registration has been completed when the move-in report is made. Once the tenant has the right to assert against others, even if a new landlord appears, the tenant can continue to live in that house while maintaining the leasehold. As we saw in the provision, in order for the tenant to assert against not only the landlord but also third parties, the tenant must move, receive the housing, and complete the move-in report to acquire the right to assert. Here, the delivery of the housing does not require any special actions; simply receiving the keys is sufficient. Furthermore, even if the tenant meets the requirements to assert their rights, the effectiveness will only occur if there are no prior mortgage rights. Therefore, when you enter into a lease contract...

Before finalizing the contract, it is recommended to check the property registration certificate. If there are any mortgages or liens established, it is advisable not to proceed with the contract. As I explained in my previous video, once you acquire the right of claim, its effect takes place from midnight the following day. I also explained how this can be exploited for fraud. If you don't remember that video, I suggest you watch this one in full and then revisit the previous video.

Now, you might be wondering what happens if you do not file a change of residence. If you do not file a change of residence, your deposit will not be protected under the Housing Lease Protection Act. This law requires a change of residence as a basic condition for acquiring the right of claim and priority repayment rights. Therefore, if you have agreed with the landlord not to file a change of residence when signing the contract, you will find yourself in a situation where you are not protected under the Housing Lease Protection Act.

So, you might be wondering if you can receive priority repayment just by moving and registering your residence. However, there is one more thing you need to know. You must take your lease agreement to the community center and obtain a confirmed date. The tenant can claim the return of the deposit from the landlord once the lease period ends because we have a contract with the landlord. This is a creditor's right, meaning it is not a right that can be claimed by just anyone. Therefore, if the house goes to auction or public sale, the tenant does not have the right to receive priority repayment. This means that those with property rights or those with senior rights will receive their distributions first, and if there is any remaining amount, it will be distributed equally among other creditors. However, the fact that the house has gone to auction indicates that there are many other creditors involved besides us. So,

If the tenant does not have priority exemption rights, it can be said that the possibility of recovering the deposit is almost nonexistent. Therefore, the priority exemption rights are very important for tenants. The Housing Lease Protection Act allows tenants to receive priority repayment of their deposit, similar to a mortgage holder, as long as they meet three conditions. What are these conditions? I will explain through the legal text. Let’s read Article 3-2, Paragraph 2 of the Housing Lease Protection Act. A tenant who has met the requirements for opposition and has a confirmed date on the lease contract has the right to receive repayment of the deposit before other creditors. This means the tenant must meet the requirements for opposition and have a confirmed bid. So, what are the requirements I mentioned earlier? That's right, there are two: the delivery of the house and the registration of residence. In the end, it comes down to three conditions: receiving the house, registering residence, and...

Once you receive the confirmed date, you will naturally obtain the right of priority, and then the right of preferential payment will also arise. However, there is an important point that you need to consider: this requirement must be effective until the deadline for the distribution request. If you move out or hand over the property before the auction process is completed, and you do not have the custody rights, you will not be able to receive the preferential payment. The reason is that the effectiveness is crucial. Let's return to our case. Why did we not have the right of preferential payment? That's right, we found a new house, moved in, and completed the residency registration. Therefore, both the requirement and the right of preferential payment were lost. On February 1, 2021, we signed the lease for that house and moved in. We also completed the residency registration and received the confirmed date. So, our confirmed date is on the lease agreement.

It should be dated February 1, 2021. However, if we move and do not report our change of residence, while still maintaining our right of priority and the right to claim against the property, a mortgage will be established afterward. In the earlier example, a mortgage of 400 million won was established on January 31, 2023, and on February 1, 300 million won was seized. So, in terms of dates, who comes first? We come first, meaning we are ahead by two years. This means that in the auction process, we will receive priority repayment. To summarize, you must never lose your right of priority. Therefore, if either the change of residence or possession is lost and the auction occurs, you can simply think of it as losing your deposit. How should we deal with this situation? First, that’s correct; you should not move. The reason you should not move is...

You shouldn't lose possession. You need to receive the house and maintain the situation of having received it. However, if you find yourself in a situation where you have to move, what should you do? Since you haven't received the full deposit anyway, you can leave your toothbrush, blankets, rice cooker, and other belongings in the house and move out. This way, you can still maintain possession of the house. Make sure to take photos of the belongings left behind. 

What is the second method of resistance? That's right, you shouldn't register your new address in a strange house. Registering your address is one of the conditions for maintaining resistance. But if you absolutely have to move and register your new address, how should you handle it? In this case, you should apply for a rental rights registration order before moving and then register your new address. If you move or register your new address, the resistance will naturally collapse.

If that happens, the right of priority will also be undermined. After you have completed the application for the registration of the leasehold right, even if you move and report your residence, the effectiveness of the right of priority and the right of defense will be maintained. I will explain the basis for this by looking at the legal text. According to Article 3-3 of the Housing Lease Protection Act, once the registration of the leasehold right is completed, the right of priority is acquired. However, if the tenant has already acquired the right of defense or the right of priority before the registration of the leasehold right, those rights will be maintained. This is important. Most of us have already acquired these rights, so what has already been acquired will be maintained. Even if the right of defense is lost, the already acquired right of defense or the right of priority will not be lost. To explain the legal text further, once you complete the application for the registration of the leasehold right, on that day, the right of defense and...

First, when acquiring the right of priority, if you have already obtained the right of defense and the right of priority, those rights will continue to be effective. Most people acquire them in advance, so the rights obtained beforehand remain intact. Even if you have to move due to unavoidable circumstances and register your residence at a different house, the already acquired right of defense and the right of priority will still be maintained after the application for the registration of the leasehold right. This is a case we handled at our office. Once the registration of the leasehold right is completed, it will be recorded in the registry like this: Residential Leasehold Right, including details such as the amount of the lease deposit, contract date, registration date, actual possession date, and the name of the leaseholder. All these details will be recorded in the registry. One point you should be careful about is the expression in the legal text regarding the completion of the leasehold registration. If you apply for the leasehold registration and move immediately after,

It's not just about filing a change of address; you also need to apply for a rental rights registration order, which takes about a month for the machine to process. After the registration is completed, you can then move and file your change of address. To summarize, you should wait until your rental rights are registered in the registry, check the registry, and then proceed with your move and change of address. 

Today, we discussed the actions you should absolutely avoid when the landlord does not return the deposit. You shouldn't do anything unusual or file a change of address without proper documentation. Now, what should we cover in the next video? That's right, since the money hasn't been returned, we need to discuss how to recover it. If you found this video helpful, please like, subscribe, and turn on notifications. I will see you in the next video. Goodbye!

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