Hello, this is Mugyungchi by Lee Kwang-soo. Today, I came to the office in comfortable attire because it's a holiday. I received many questions regarding lease scams yesterday and today, so I provided answers. Unfortunately, most people who signed high-priced lease scams in November 2021 and around June 2022 will have to return the money in about two years. Therefore, it is expected that many people will have difficulty getting their lease deposits back this autumn and next summer. I will explain how to determine in advance how you can become a priority tenant with leverage. Even if you study at an auction, if you are a tenant and have not received your deposit back, you should consider your own situation. There is no need to worry at all about whether you can get everything back. So, how do you analyze whether you are a person who can get everything back or not.

I will now explain what it is. I am conducting an auction class with government support. The class is titled Rights Analysis and Execution of Warrants. Is it difficult for us to conduct auctions and receive bids? If you bid the highest price, you become the winning bidder. After winning the bid, it is crucial to determine whether it is profitable. Conducting an auction itself is not difficult at all. Therefore, it is important to know what to do, how to handle issues that may arise after winning the bid, and how to proceed. Through the government-supported class I am teaching, many participants who have completed the government-funded training are actively challenging themselves in auction bidding. Before bidding, many students naturally ask me if the item is safe and if the bidding price is appropriate.

I provide answers without charge, and some people are confused about it. Since there are people who are confused, I will explain the content that will be studied for review purposes for those who have taken our education and for those who are watching the video for the first time, understanding how to make decisions. Now, let's watch together. Both those who have suffered from lease fraud and those who bid at auctions must understand the basic concept of rights analysis. To make it memorable, I use the term employment theory. When we prepare for employment, if we are rejected after submitting the first document, there is no need to prepare for the interview, right? The same goes for auctions. We have confirmed through the basic process of rights analysis. If there is no priority right holder, then.

Regardless of how a tenant receives their allocation, bidders do not need to worry about how other banks or lienholders associated with the auction receive their allocations. All they need to do is properly assess the market value of the property and place their bid. Assessing the market value naturally requires visiting a real estate office in the vicinity to directly determine it. Researching online has limitations. Furthermore, if there is a priority tenant with a right to offset, it is necessary to check whether they have legally demanded the allocation before the deadline, or if they have not withdrawn the demand before the deadline. In this case, the bidder needs to calculate the bid amount by checking how much the allocation is received for. Conversely, if I were in a position where I was scammed in a lump-sum lease, and if there is a priority tenant with a right to offset, then if someone bids and wins the bid, that person would receive my security deposit.

I have to take responsibility. If my security deposit is 150 million won, assuming that, I may or may not demand dividends. If I didn't demand dividends, the person bidding at the auction should deduct that bid price in advance. For example, if someone bids 30 million won and wins the bid, as I did not demand dividends as a tenant and I am a strong tenant, I can ask for the full 150 million won from the bidder. So, even though the bidder takes ownership of the property for 30 million won, later, the tenant must return my 150 million won security deposit. Therefore, in conclusion, although the house was bought for 30 million won and must be returned later for 150 million won, a total of over 100 million won must be paid. This means that the minimum price of the property should be over 180 million won.

It means that if you bid at an auction, you won't incur any losses. However, when buying real estate, acquisition taxes may increase, and other costs may arise. You should consider those aspects. Simply looking at the price, if the market price of the real estate is 180 million won, and I bid 300 million won, then later return the lessee's deposit of 150 million won, it means I won't incur any losses. But if I, as the priority lessee, do not demand dividends, I cannot receive any dividends through the auction. I can only request it from the successful bidder later. However, there are cases where the lessee wants to receive the money quickly and move out. In that case, they can demand dividends. For example, if this lessee submits a bid of 100 million won and I receive 100 million won through dividends, then I can

Because the tenant with the first priority resistance, received 100 million won through auction and distribution, and the remaining 50 million won that was not received must be given to me by the successful bidder later. So, in conclusion, although the bidder won the bid at 100 million won, as a tenant with first priority resistance, my security deposit is 150 million won, so even though the bid was won at 100 million won, an additional 50 million won must be paid later. In conclusion, the value of this real estate must be over 150 million won. If I demanded distribution and the tenant who is the successful bidder won the bid at 150 million won, excluding other execution costs, if I receive the full distribution of 150 million won through the auction, I would not have any additional money to ask for because I received all the distribution from the successful bidder. So, if the bidder bid at 150 million won and the successful bidder also received all the money, then

In addition, there is no money to give to a tenant with priority later. The market value of the property should be at least 150 million won. This is the meaning of bidding like this. If the real estate market price is around 180 million won and the security deposit of the tenant with priority is 150 million won, if I win the bid at 156 million won and all the profits go to the tenant, a profit of 2 to 3 million won will be generated later. In this case, there is no problem, and I am not considering acquisition tax or interior costs now. So, in what cases can a tenant with priority be considered? To understand that, you need to first know about the concept of the right to claim, which is not a legal term. I will now explain what the right to claim is. It is not a legal term, but this is.

Make a note or take a picture. When you always have to check when you auction, it's the standard for cancellation of rights. As written here, it includes the right of lien, quasi-lien, seizure, provisional seizure, collateral, and registration of leasehold, but in the case of leasehold, it is only possible when requesting distribution or applying for forced auction. Lastly, there are a total of 7 items, including a forced auction notice decision hearing. Other than these 7, you can consider them as the cancellation criteria. When we examine auctions or when we check through the registration as a lease tenant, collateral is not well indicated. Most people don't buy a house without a loan when buying a house, so if a quasi-lien is established or when we enter into a lease contract as a tenant, we ask to cancel the quasi-lien while providing my security deposit. Therefore, if there is no quasi-lien,

Due to the owner change caused by tax delinquency, suddenly, a seizure will be registered in the land register. When the homeowner does not pay the fees to certain creditors or does not pay credit card usage fees or other loans, a garnishment will be registered. You will see a lot of these, so it will mostly be about mortgage seizures and garnishments. There will be more temporary seizures and retentions than cases where rights such as mortgage registration or forced auction initiation become the basis for cancellation. Although there are many lease rights these days, for a lease right to become the basis for cancellation, the leaseholder must have requested a dividend payment or applied for a voluntary auction for the lease right rather than a forced auction. It might be difficult to understand all the way to the end, so among the seven items including mortgage seizures, garnishments, liens, collateral, real estate industry, lease rights, and forced auction initiation decisions.

The earliest date is the first thing you look for in the registry among these seven things. Among them, the one with the earliest date is expressed as the basis for cancellation. So, those with later dates than the basis for cancellation are mostly canceled. They are mostly erased. And for the ones with the earliest dates, it is expressed that they are handed over to the successful bidder. Being handed over means taking responsibility. If you find the basis for cancellation and the tenant's move-in date is earlier than the basis for cancellation, then the successful bidder is responsible for the tenant's security deposit. The tenant must have a security deposit, as mentioned earlier, like 150 million or 200 million. If there is some money that cannot be received through distribution, then the subsequent tenant does not have to be responsible for it. It's a pity, isn't it? The tenant's bid.

It is a regrettable experience from the tenant's perspective. Even though I didn't receive all of my money, I still have to vacate the house. It must be very upsetting, but from the perspective of bidding at an auction, that is not a problem because there are no additional burdens. On the contrary, if there is a tenant with an earlier move-in date than the priority tenant deletion criteria, in case they are awarded the house, if there is an undistributed portion of the tenant's security deposit, the successful bidder is responsible for it. From the tenant's perspective, they are well protected. On the other hand, from the bidder's perspective, if this is not properly checked, there could be significant additional burdens. Therefore, you always need to be careful. For example, when we look for the priority tenant deletion criteria, we issue a land register. We list all seven items that can be the priority tenant deletion criteria in order of date, and among them, the one with the earliest date.

Being the fastest becomes the standard for extinguishing rights. So, leasehold is not a standard for extinguishing rights. And mortgage rights are a standard for extinguishing rights. Also, leasehold rights are a standard for extinguishing rights, but you should have requested allocation or applied for voluntary arbitration. Forced auction can also become a standard for extinguishing rights. Arrange these in chronological order, and the one with the earliest date becomes the standard for extinguishing rights, including dogs, everything is extinguished. Auctioning means that the creditor has to dispose of the real estate to recover the debt. From the bidder's perspective, the auction items come out through the court. Then someone bids for the real estate and has to pay the price. Creditors receive that money. If there is an issue with the property right, who would buy it? That's why the court sets certain rules.

If you are interested in buying a clean real estate property, you should participate in the bidding to win the property. When someone bids and pays the winning bid deposit, that money is distributed to the creditors through the court. The winning bidder then takes ownership of the clean real estate property. Therefore, based on the right to cancel, everything below is erased. In the case of a tenant, let's take a look at an auction information sheet through which you can see various auction cases by searching on the court auction information site for free. However, you need to issue a property register and it costs 1000 won to issue and 700 won to view the property register. As mentioned earlier, you need to manually transcribe the information from section A and section B in the order of appearance following the FM method.

At first, you might be able to do this for the sake of studying once or twice, but it is too inefficient in terms of time and cost to look at various auction items. If you want to examine numerous auction events in a day, it's now proportional. That's why most people utilize auction information newspapers. There are even auction information newspapers available. For example, there is Duing Auction and Gyeongma Yard. At Duing Auction, you cannot view the register, but at Gyeongma Yard, you can view the register. However, since the analysis of auction rights in this auction information newspaper is free, it is often inaccurate. Therefore, you need to familiarize yourself with the basic contents and use it as a reference. The auction information newspaper I am showing you right now is called Tank Option. Just using this much seems sufficient. Now, I will show you one example. Here is Daebang Noble located in Dongducheon.

This is Land Apartment. Our government-supported students visited the site, inspected it, and found that there seems to be no merit compared to the market price, so they decided not to bid. Now, the lake is covered, and we will explore it together. Many of you are working hard, studying, and if you continue to bid steadily, there will always be good results. Among the tenants, if it's not easy for the tenant to get the deposit back, how to analyze this, let's see from now on. There is a tenant named Ddang Ddangi, and the expiration date is expressed as November 5, 2019. In the auction information, the expiration date 1 is the earliest date among the seizure, pre-seizure, lien, mortgage, pre-emption, and registration of forced auction initiation decisions.

Then, the auction information will show you in what order the building hearings were conducted. There were attachment rights for each district. On November 5, 2019, there were attachment rights, attachment rights, attachment rights, and attachment rights. These all fall under the criteria that can be nullified. And it was not a house lease right, right? There was also a forced auction, and there was a seizure. Among these, the earliest date is the attachment on November 5, 2019. So, everything below this standard is nullified. And if there is a tenant, we found the nullification standard right. Everything below November 5, 2019, is wiped out as of November 5, 2019. So, it says November 5, 2019 here. And if you issue a registration certificate, you should check it yourself. It will be written the same way. And when there is a house lease right, you should always be careful and compare it to the date of registration.

No, the registration of a leasehold is to maintain the rights of the existing tenant and the priority repayment right, not to create new effects on the date of registration. When you look at the leasehold registration, you will always see the date of moving in and the date of confirmation on the right side. Let me give you another example regarding the registration of a leasehold on a house. When you conduct a leasehold registration, for instance, the one we handled in our office, a leasehold registration order is issued with a case number. When you apply to the court, and a decision is made, the leasehold on the house is established on that date. Without the consent of the landlord. However, if you look at the right side, it shows the amount of the security deposit, which part is being used, when the lease agreement was made, when the resident registration date is, from when the occupancy rate is calculated, and when the confirmation date was received. It's all stated there. From this date, you need to report your move-in and start residing.

I am doing it. We received the final date a little late. If you compare this date with the date of Zai, of course, this date is faster. Registering a leasehold to protect the tenant, the effectiveness is based on the later date. If you say that it takes effect based on the late date, it means that the tenant protection is not ensured. You should consider maintaining this earlier date. So, you should never compare based on this date. It is shown on the right. In this case, it is March 27, 2018, for this person. In the previous auction case, the date in this person's register is this date. When you go up, it is written again. The move-in date is December 5, 2017. The move-in was received a little earlier. Whether the tenant has resistance or not has nothing to do with the final date. The final date is only needed when receiving dividends. When receiving dividends, the final date is considered.

It was mentioned that the first thing to consider is whether the tenant will receive a dividend or not. If you fail in the first document screening, there is no need to prepare for the interview. We call this process rights analysis. If the tenant does not have priority or resistance rights, there is nothing to see. From the tenant's perspective, it is very unfortunate that they are not protected. So, how do we determine a tenant with priority or resistance rights? This is explained by the standard of rights, finding the date of rights. As we mentioned earlier, the standard for rights is the earliest date among lien rights, pre-emption rights, attachment, provisional seizure, registered lease rights, commencement of forced auction decisions, etc. And resistance is comparing this with the date of transfer. So, we first look at the standard for rights.

I search for it, looking at the registry, or looking at auction information like this, and then compare it. Of course, I compare it with the tenant's move-in date. It means that the move-in report should have been submitted. I compared the cancellation standard right with the move-in date, and it's fast. The date is early. Then, I use the expression there is a countermeasure. The person has a security deposit of 125 million won. The security deposit is 125 million won, but they demanded a dividend. They legally requested a dividend before the deadline. So, because this person requested a dividend, someone will receive the bid through an auction. The current auction has a minimum price of 122 million won. However, when I look at it, it seems like the bid will be at least 145 million won. I will explain the reason later. If someone wins the bid at 145 million won,

Will this person get all of the security deposit back? Then there should be no problem at all. It's a relief. And from the bidder's perspective, if they win the auction for the property at a price lower than the market value, the tenant will get back the full security deposit, so even though they are the priority tenant, the winning bidder does not have any additional burden. However, if the real estate market value is not high, let's say it's currently at the lowest price, if someone wins the bid at this lowest price, we can also see the expected distribution table. In the case that someone wins the bid at the lowest price, after deducting the execution costs, the actual amount to be distributed would be around 190 million won. But because the confirmation date is earlier than the tenant's date, the distribution goes to the debtor first. When the distribution happens, the tenant will not receive this amount of money. So,

The tenant must pay additional compensation to the successful bidder later. You have to pay additional security deposit. When the tenant's date of entry is earlier than the date of cancellation standard rights, there is a defense. So, for those who are worried about fraudulent lease transactions, check the registration details and look for the cancellation standard rights that I explained earlier. Write down those seven rights in chronological order. Most of them will be mortgages or seizures. Among them, the one with the earliest date becomes the cancellation standard right. Then compare it with the date you reported your move-in. If the date you reported your move-in is earlier, then it's generally okay. Of course, there may be cases where people do not bid because the real estate market prices are low. Still, if you have a defense and are faster, you, as the tenant, can at least continue to reside in that house. You can continue to reside.

I'm not kicked out, and if I'm late with the rent, unfortunately, I express myself as a low-priority tenant. In that case, even if I don't get back the full deposit, I should leave only with what I received because I have no bargaining power. So, if I borrowed too much and have to leave home with little money, there is a system called personal rehabilitation. Don't be too discouraged because of the existence of this system. Through that system, you can receive a partial reduction of your debt. For example, if my debt is 100 million won, I can repay only about 30 to 40% of it, and the remaining debt of 70 million won can be exempted through personal rehabilitation. Therefore, as a low-priority tenant, you can also resolve the issue in that way. Also, on May 25th, the Special Act on Lease Fraud was enacted, so in the world,

Please also visit the support center to see if there are any interest-free loans available for 10 years. Confirm the priority repayment part and check for other support that you can receive. If you have any additional questions, feel free to ask me. Whether you have resistance or not is completely unrelated to the confirmation date. This is entirely unrelated. We only look at the transfer date. There are only seven things that can be the criteria for deletion rights and deletion rights. Attachment, provisional attachment, lien, provisional lien, collateral registration, leasehold, and compulsory auction commencement registration. This is all written in the registration office. If it's not there, it doesn't exist. Among them, we are looking for liens and provisional liens, which are likely to be the majority. Among them, the one with the earliest date will be subject to deletion. Then I wonder when I moved in. You need to check that. If the date is early, you should consider yourself lucky.

And those who study auctions and participate in bidding, if such a situation occurs, describe it as a tenant with strong resistance. So even if I win this real estate for 100 million won now, this tenant has a security deposit of 125 million won. So even if I win this for 100 million won, I will have to pay the remaining 25 million won to this tenant later. In the end, although I win the bid for this real estate for 100 million won, I will have to pay 125 million won in total, because I have to pay the 25 million won later. So the market price of this real estate must be at least 125 million won or more. At a minimum. And if you participate in an auction for investment purposes, there should be a profit margin. So the market price should have a difference of at least 10 million won more than this. That's the right way to acquire it. And if I state that my purpose is for actual residence, then, what is being sold urgently should be a little more than the current market price.

Even if it's cheap, it's okay to bid, right? Now, I will provide additional explanations for those who are participating in the auction. Jai Real Estate confirmed with our students that they directly visited the property and said they would not bid. The current minimum bid is around 122 million won, and the auction will take place on June 13th. First, you can check the market price on Naver Real Estate. You need to search for this apartment on Naver Real Estate. The recent transaction price is listed as 190 million won for 78 square meters. This real estate auction information is available on various auction sites and the Supreme Court website, which indicates the exclusive area. This is the exclusive area. When checking on Naver Real Estate, you need to carefully examine the supply area and exclusive area. In this case, the apartment is in building 701. Look at building 701. In the case of 701, the supply area is 78 square meters, and the exclusive area is 58 square meters. You need to match this exclusive area properly.

You need to search, or else you will end up finding the wrong apartment prices. This is also 58 square meters, right? It's 58 square meters. What I mean is the exclusive area is 58 square meters. The asking price is not the market price. This real estate wants to sell at this price. So, you should not look at the asking price, but go to a nearby licensed real estate agent office and make sure to check the market price. There was a transaction on May 17th for 190 million won, and you always need to look at past actual transaction prices. Check how much the actual transaction price was for that area, and you also need to look at the lease prices. The lease price is around 130 million, sometimes even as low as 120 million. Currently, both lease and sale prices have dropped significantly. When you look at the sale price, it's 190 million, and you should also look at the graph. So far, there hasn't been much change in trend, but it has been increasing a lot from now on, then it has started to decrease.

The apartment here is slightly different from other areas. Dongducheon is quite far from Seoul, but this apartment is considered a transit station. It is located above Seokjeong Station. Let's measure the distance. From here to the transit station, it's less than 500m, within walking distance. Because it's within walking distance, the proximity is close, and the market price is around 190 to 170 million KRW based on Naver. However, when I visited the real estate agent's office, they mentioned that there are many listings piled up, and transactions are not going smoothly. There are many listings piled up, and transactions are not going smoothly. Also, because the house is old, they estimate that at least 20 million KRW would need to be invested in interior design. Therefore, they decided not to bid. You can download the KB Real Estate app and take a look. It would be good to check it out when you have time. I will show you in the next three months. Well, our real estate...

You can see increases and decreases in buying and selling prices. You can examine them by period. From 2008, the red color indicates an increase, and the darker the color, the more it has risen. The blue color means it has dropped a lot. Now, let's look at the recent years. In 2012, it dropped a bit. Towards the top, you have Seoul area, and as you move to the right, Gyeonggi-do and other provinces appear. Let's go down and see. It increased in 2015, then in 2016, it rose significantly. In terms of time, it also increased in 2018, steadily rising. It increased a lot in 2019, and in 2020, it continued to rise, with the last peak in the second half of 2021. Then, from the middle of 2022, the blue color intensifies. The darker the blue, the more it has dropped. However, now we are in Songpa-gu.

When we look at the same case, last week, the highest increase rate was 0.1%. The place with the highest increase rate was now Songpa-gu in Seoul. I'm not sure if the color has changed to orange now, but it has been steadily rising until now, but it is now starting to decline. The product we are looking at now is Dongducheon. If you go to the right, you will see Dongducheon. Here is Dongducheon, and Dongducheon has a slightly different trend. When other areas were rising in the past, like Gyeonggi Province here, the ones next to it were rising, but Dongducheon did not rise; it even declined. While the others next to it were rising, Dongducheon didn't show any increase. Towards the beginning of 2021, it started to rise a bit, but now, as others are declining, it is also declining. The color is dark now, so...

It's appropriate to go to the site and check the atmosphere. The licensed real estate agent at the site mentioned that there are many properties piled up, and the price is below 160 million KRW. So, you decided not to participate in the bidding. Someone will surely win at that price. Even if it's not the best, an actual resident is likely to win. Considering the lease price below 160 million KRW and about 20 million KRW for interior design to select the bidding price, I think someone will win at around 150 million or 140 million KRW. After June 13th, we will review it again, but the recent transaction price is 190 million KRW. Although it's 190 million KRW, it may not be considered a good deal now. It's also important for us to examine past cases now.

If you look at the past actual transaction prices, you will see this graph. It has increased a lot in 2021. At that time, the transaction price was 145,678,000, and finally 170,000,000. It is said to be 190,000,000 on May 17th. At least for other real estate properties, it will be really difficult to fall below the price in mid-2019 because it has risen twice at the end. If it reaches this price, I believe that acquiring any real estate will never result in a loss. However, looking at the Dongducheon real estate at this price, it seems that it did not rise in mid-2019. Therefore, it doesn't seem to be 130,000,000, but I think around 150,000,000 could be the minimum. In reality, many properties under 160,000,000 are said to have accumulated in the office of a certified real estate agent. So, if you consider it as 160,000,000,

When considering interior design, if you renovate it, it will cost around 20 million won, so it will be about 140 million won, but I think there will be residents who just roughly repair and live there. Therefore, it is expected that the winning bid will be over 150 million won. Depending on your circumstances, you should calculate the bidding price carefully. Today, the main point was not to calculate the auction bidding price, but to compare the date of cancellation rights and the date of transfer registration. If the date is earlier, there is resistance. So, if the tenant demands a dividend and does not receive the full compensation, the winning bidder must pay the remaining deposit. However, if the tenant takes all the deposits, there is no additional burden at all, so you can just judge it as if there is no resistance. When tenants are in a situation where they cannot get their deposits back, they can also conduct the auction by themselves.

To proceed with the enforcement of the compulsory amount, you need to apply for a court order and a security deposit refund lawsuit. You must first obtain a judgment from the court. Also, when you conduct a hearing on the lease right, you should apply to the court yourself, even if the contract has ended but you have not received the money back, and register the lease right. For those whose apartment prices are over 300 to 400 million KRW, it is fortunate that typically around 70% of the price is returned. So, if it's around 200 million KRW, when divided by 3, if your security deposit is less than 150 million KRW, you don't need to file a lawsuit because if it's a 300 million KRW property without a loan, 70% is 200 million KRW. Therefore, if the security deposit is around 178 million KRW, you can definitely receive the entire security deposit. However, the landlord may not return the money because they don't want to take out a loan or the loan is not approved, so they are only trying to find a new tenant.

In that case, you can just leave it to a law firm or a legal representative, and then the lawyer's fees and all the total costs can be recovered from the landlord later. Because if you have a house worth 300 million won and the winning bid is around 200 million won, then you will end up losing 100 million won just by sitting still. Tenants never incur such losses. They will somehow come up with the money and give it all. You can simply demolish a tin house. So, in order to consider whether you can entrust all that to a lawyer without paying for it, you need to check that part as well. Look into whether the apartment price is set at around 70% or less of the market price for the security deposit. Today's content has become too long. I was thinking of splitting it up, but since it's a continuous topic, I'll just post it all at once. If you have any further questions, please leave a comment.

If you leave a comment or contact me, I will respond. I hope this video has been helpful to those who are struggling with housing scams. If you have any questions related to personal recovery, please feel free to ask. Thank you for watching the long video, and I will see you in the next video. Thank you.

전세사기피해자 대처방법과 경매입찰자 주의사항. #권리분석및명도집행#인천시민교수#법률사무소국민생각#이정빈#원스톱경매

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