KOREA UNIVERSITY · ANAM, SEOUL Text Sora: 010-7278-2990
sora. Sora Real Estate

SORA RENTAL NOTE · 01

Protecting your deposit:
three different rights.

Address registration and a fixed date do different jobs. Understanding your right to enforce a lease, repayment priority and special protection for small deposits helps you see what to do after signing—and when.

Sora Real EstateAbout 8 minutes

Start with the comic

A student opens a lease and asks Sora how to protect the deposit.
01
Is a signed lease enough?

A signed lease alone does not complete your deposit protection. Check the requirements for each separate right.

Sora and a student check the keys and address-registration documents together.
02
Possession and address registration

Opposability begins on the day after you have both possession and the legally required address registration.

A student confirms the fixed date on a lease at a service counter.
03
Check the fixed date too

Preferential payment requires the conditions for opposability and a fixed date. Check earlier rights as well.

Sora compares three documents illustrated with a home, a calendar and coins.
04
Three rights, different requirements

Small-deposit priority has separate eligibility rules and limits. It does not guarantee recovery of the full deposit.

This comic illustrates an example. Read the article below for the specific requirements and exceptions.

THE SHORT ANSWER

Start with these three distinctions.

For international tenants: the Korean rules below refer to possession and resident registration. Foreign tenants use the legally applicable foreigner registration and place-of-stay reporting arrangements instead. Check which requirements apply to your status in Guide 12: reporting for foreign tenants; do not assume that every address-related report has the same legal effect.

  1. 01

    The right to enforce your lease against a new owner

    This is called opposability (대항력). Under current law, after you take possession of the home and complete the applicable address registration, this protection starts on the following day. It allows you to assert your lease against third parties, including a new owner.

  2. 02

    Priority repayment in an auction

    The right to preferential payment (우선변제권) requires the conditions for opposability and an officially certified fixed date (확정일자) on the lease. It gives your deposit priority over later-ranking right holders and ordinary creditors in a court or public auction. The actual order depends on when each right arose. If you obtain the fixed date on or before the day you complete both possession and address registration, your preferential-payment right begins at midnight at the start of the following day. A fixed date alone does not guarantee recovery of your entire deposit.

  3. 03

    Special first-priority protection for small deposits

    If your deposit falls within the regional small-deposit threshold and you took possession and completed the applicable address registration before the auction application was registered, a specified part of your deposit may be paid ahead of earlier secured creditors. This is small-deposit priority (소액임차인 최우선변제). A fixed date is not itself a mandatory requirement for this particular right.

In practice, arrange both promptly. Address registration and a fixed date protect you in different ways. Complete the appropriate registration and obtain or confirm your fixed date without delay when you move in.

THREE DIFFERENT SHIELDS

Similar names, different kinds of protection.

A visual guide to this section
  • Possession of the home
  • Registered address
  • Certified contract date
Check these points together. The explanation below gives their relationship and conditions.
Three rights that tenants should distinguish
RightWhat it doesKey requirementsRemember
OpposabilityLets you enforce your lease even if the owner changesDelivery and possession of the home + applicable address registrationUnder current law, it takes effect on the day after all requirements are met
Preferential paymentGives your deposit a ranking in distributions from a court or public auctionRequirements for opposability + fixed dateA fixed date without actual possession and the required address registration is not enough
Small-deposit priorityGives special priority to a limited part of an eligible small depositSmall-tenant eligibility + requirements for opposability met before registration of the auction applicationA fixed date is not mandatory for this right, but maintaining the qualifying conditions and filing a timely distribution claim or other required claim are still necessary

SEOUL · CURRENT STANDARD

How to read the Seoul figures.

A visual guide to this section
  • Security-right date
  • Amount thresholds
  • Payment priority requirements
Check these points together. The explanation below gives their relationship and conditions.

The Ministry of Government Legislation's Easy Law service lists the following Seoul small-deposit eligibility threshold and priority-payment limit in its guidance as of 15 August 2026.

Maximum qualifying small deposit KRW 165 million

This refers to the housing lease deposit itself, not a deposit-equivalent amount calculated from monthly rent.

Potential first-priority payment Up to KRW 55 million

This amount is not automatically guaranteed in every case.

A deposit of KRW 165 million or less does not guarantee recovery of KRW 55 million.

  • Earlier thresholds may apply depending on when a prior security interest was acquired.
  • The protected amount is subject to a ceiling of one-half of the home's value. Where several small tenants qualify, allocation within that ceiling can affect each tenant's payment.
  • To receive money in an auction or a sale for tax arrears, you must submit the required distribution request or priority claim by the applicable deadline.
  • Before signing, check both the earlier rights recorded in the property register and the date that determines which threshold applies to this home.

FROM CONTRACT TO MOVE-IN

What to check before signing and after moving in.

A visual guide to this section
  • Property records
  • Contract terms
  • Registered address
Check these points together. The explanation below gives their relationship and conditions.
  1. Before signing

    Check the person, address and existing rights together

    Compare the registered owner with the person signing the lease. Check the precise building and unit number and the building's legally recorded use. Review earlier rights, including mortgages and attachments, and compare the home's value with the deposit.

  2. Before final payment

    Check the property register again

    Immediately before paying the balance, check whether any new rights have been registered since you signed. Clearly agree when the keys will be handed over and when you can actually move in.

  3. After moving in

    Complete address registration and confirm the fixed date promptly

    Once you receive the home and begin possession, promptly complete the address-registration procedure that applies to you and check the fixed date on your lease. You can obtain a fixed date before moving in, but it does not replace possession or the required address registration.

  4. During the lease

    Avoid interrupting the conditions that protect you

    Moving out or changing your registered address before receiving your deposit can affect your rights. If you must leave first, obtain advice about the necessary steps, including a court-ordered leasehold registration (임차권등기명령).

  5. If an auction begins

    Do not miss the deadline for a distribution claim

    If you receive a court or public auction notice, check the case and deadlines immediately and take the required steps, including any distribution claim. Seek legal advice for the particular case.

CHECKED SOURCES

Based on official sources.