How to Apply for Lease Fraud Victim Determination

Procedure

Procedure

1. 01

   1. Check the 4 requirements — Check whether you have taken delivery of the house, completed move-in registration and obtained a fixed date (including lease registration or a jeonse right), whether the deposit is 500,000,000 won or less, whether damage has occurred or is expected for 2 or more tenants due to the landlord's bankruptcy or rehabilitation or the start of an auction or public sale, and whether there is reason to suspect the landlord intended not to return the deposit, such as the start of an investigation or deception. For a tenant whose auction or public sale is completed, the move-in and fixed-date requirement and the multiple-victim requirement are not applied.

2. 02

   2. Check whether you are excluded — You are excluded if the full deposit can be returned through guarantee insurance or the like, if the full deposit is subject to top-priority repayment, or if the full deposit can be recovered through the right to set up against third parties or the preferential repayment right. The Committee may raise the deposit limit by up to 200,000,000 won.

3. 03

   3. Submit the determination application — Submit the lease fraud victim determination application to the mayor or governor of the city or province with a copy of the lease contract, documents on the start of an auction or public sale, documents on an enforceable title such as a certified copy of a judgment or a payment order, and other documents proving the requirements. The resident registration abstract is checked through shared administrative information, and if it is difficult to apply in person you may appoint an agent and submit a letter of authorization. If the application has defects, you will be asked to supplement it within 14 days.

4. 04

   4. Investigation, deliberation and decision — The Minister investigates the rights over the leased house and the landlord's debts within 30 days from the application date. The Committee deliberates and decides within 30 days from the date the matter is put on the agenda, and may extend this once by up to 15 days if unavoidable. The original decision is served on the applicant.

5. 05

   5. Objection within 30 days — If you object to the decision, submit an objection to the Minister of Land, Infrastructure and Transport within 30 days from the date it was served. The Minister decides within 20 days from receiving the objection after re-deliberation by the Committee.

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Fees & official charges

Fees & official charges

Included in the basic fee — Initial document review, required-document guidance, basic form preparation, one filing support and one ordinary supplement.

Conditional success fee — For this service, any conditional success fee may be separately agreed within the lawful service scope and stated in a written engagement agreement. No outcome is guaranteed.

Displayed amounts are starting estimates, not statutory or standard rates. The final fee is confirmed after consultation and document review in the engagement agreement. Government fees and actual expenses may change.

Basic documents

Basic documents

Even after being determined a victim, support such as postponement or suspension of an auction and the priority purchase right must each be applied for separately. The 30-day objection period is counted from the date the decision is served, so keep a record of the date of receipt.