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SORA RENTAL NOTE · 05

Renting in a multi-household building?
Check deposits beyond the property register.

Even if the mortgage looks small, large deposits held for other tenants with priority in the same building may reduce the funds available to repay your deposit. Before sending the contract deposit, work through which documents to request, who should provide them and which amounts you need to consider together.

Sora Real EstateAbout 8 minutes to read

Understand it through a comic

A student looks at a building occupied by several households.
01
Other deposits in the same building

In a dagagu building, other tenants’ deposits can affect the funds available to repay yours.

Sora and a student read property-registration documents.
02
The property register is only the start

Even after checking the owner and mortgages, there may be tenants’ deposits that are not shown in the register.

A landlord presents documents concerning other tenants’ deposits.
03
Request the supporting documents together

Gather available lease information, registered-household records and tax documents, alongside the landlord’s explanation.

Sora and a student compare the building’s value with debt and deposit records.
04
Check any missing information

Review the property’s value, prior-ranking rights, other deposits and your deposit together. A simple total cannot prove the lease is safe.

This comic illustrates an example. Read the article below for the conditions and exceptions that apply.

THE SHORT ANSWER

Start with these three points.

  1. 01

    The property register does not show every other tenant’s deposit

    A certificate of registered matters (등기사항증명서) shows registered rights, such as ownership, registered mortgages and attachments. It does not necessarily list, room by room, all earlier tenants’ deposits and fixed-date records in the same dagagu building.

  2. 02

    Request information before signing, and verify the documents when contracting

    When entering into the lease, the landlord must present the property’s lease information associated with fixed dates and national and local tax-payment certificates. Under Article 3-7 of the Housing Lease Protection Act, the landlord may instead give the legally specified consent for inspection before the contract. Request the documents or necessary inspection consent before paying the contract deposit. Keep a record of what you checked and when, together with the agent’s verification and explanation form.

  3. 03

    Adding up the amounts reveals warning signs; it does not certify safety

    Compare prior-ranking registered rights such as mortgages, other tenants’ priority deposits, potential tax arrears and your deposit against a conservative property value. Even when the total looks low, the actual sale price and the order of distribution can change the outcome.

The key point For a dagagu lease, a “clean property register” is not enough. Ask whether you have also checked prior-ranking lease interests that do not appear in that register.

ONE BUILDING, SHARED RISK

Why does a dagagu building require a wider check?

A visual guide to this section
  • Whole-building records
  • Individual unit title
Check these points together. The explanation below gives their relationship and conditions.
Similar Korean names, different units of property registration
Building typeHow ownership is registeredMain checks before signing
Dagagu (다가구): multi-household buildingUsually the whole building is one ownership and registration unitReview security interests over the whole building, prior-ranking tenants’ deposits, registered-household information and tax documents together
Dasedae (다세대): building with separately titled unitsA form of collective housing whose individual units can be separately registeredFocus on the register and rights affecting the particular unit you will rent; also check common areas and the building’s recorded condition and use

Check the building register and property-registration certificate to identify the legal building type. Do not rely on its name or appearance. A building marketed as a “villa” may be either dagagu or dasedae.

FIVE DOCUMENTS

Documents you can compare matter more than a total given verbally.

A visual guide to this section
  • Property records
  • Other tenants’ deposits
  • Document folder
Check these points together. The explanation below gives their relationship and conditions.
01

Certificate of registered matters

Check the owner, the maximum secured amount of any registered mortgage, and registered rights such as attachments, provisional attachments and trusts. Obtain a fresh copy immediately before signing and again before paying the balance to identify changes.

02

Building register (건축물대장)

Check whether the building is dagagu or dasedae, any unauthorized-building notation, the actual unit and its permitted use. Compare the number on the door with the official description.

03

Record of fixed dates issued

Check existing leases’ fixed-date issuance dates, rents and deposits for the property. Before signing, the landlord’s provision of the records or consent to inspect them is important.

04

Registered-household information

This shows households recorded under the resident-registration system. It does not prove who every actual occupant is or the full amount of every rental deposit. Compare it with the fixed-date records, the landlord’s lease schedule and what you find at the property.

05

National and local tax-payment certificates

Check the risk of the landlord’s unpaid taxes. Make sure the certificates are recent and that the name matches the person entering into the contract.

RECORD

The agent’s property verification and explanation form

The licensed agent should record the prior-ranking rights they have checked, and review and sign the form with the landlord and tenant. Recording the document names and dates checked is more useful than a single line saying an explanation was given.

If two records do not match, pause and find out why.

  • The fixed-date records differ from the total deposits stated by the landlord
  • The number of registered households does not match the number of occupied rooms
  • The contracting party, registered owner and name on the tax certificates do not match
  • You request up-to-date documents but are repeatedly offered only a verbal explanation

RISK SCREEN, NOT A GUARANTEE

Bring the figures together and assess repayment capacity conservatively.

A visual guide to this section
  • Conservative property value
  • Secured debts
  • Other tenants’ deposits
Check these points together. The explanation below gives their relationship and conditions.
Amounts to consider Prior-ranking registered rights
+ prior-ranking tenants’ deposits
+ tax arrears that may take priority
+ your deposit
A conservative property value Look beyond the advertised price:
nearby completed sales, a realistic appraisal
and a possible auction discount

SIMPLE EXAMPLE

Suppose you are told the building is worth KRW 1.2 billion.

Maximum secured mortgage amount:
KRW 350 million
Confirmed prior-ranking deposits:
KRW 550 million
Your deposit:
KRW 50 million
Simple total:
KRW 950 million

The total is lower than KRW 1.2 billion, but this does not prove the deposit is safe. Distribution depends on the actual sale price, taxes, enforcement costs and the timing of each tenant’s requirements for enforceability against third parties, fixed date and competing security interests. Moving in earlier does not, by itself, establish priority. Small-deposit tenant protection also depends on the applicable regional criteria and the date the security interest was acquired. If the combined specially protected amounts for several small-deposit tenants exceed half the property value, those amounts are reduced proportionally. Do not assume special priority repayment guarantees recovery of your entire deposit.

Practical point A mortgage’s maximum secured amount can differ from the actual outstanding loan. Treat it conservatively at the initial contract check. If an exact loan balance or a mortgage-discharge condition is relevant, verify separate supporting documents and when the promised discharge will be carried out.

WRITE THE EXIT

Put the remedy for undisclosed information in the contract too.

A visual guide to this section
  • What happened
  • Contract terms
  • Refund conditions
Check these points together. The explanation below gives their relationship and conditions.

The Ministry of Justice has recommended using special terms in the standard lease so the tenant can cancel without a penalty if previously undisclosed prior-ranking leases or unpaid or overdue taxes are discovered. The actual wording must be adapted to the particular contract.

EXAMPLE SPECIAL CLAUSE

Providing documents and dealing with inaccurate disclosure

No later than the conclusion of this lease, the landlord shall present the property’s current record of fixed dates issued and national and local tax-payment certificates, or give the prior inspection consent provided for by law, and shall cooperate in checking registered-household information. If an undisclosed prior-ranking lease, security interest or tax arrears is discovered and creates a material risk to recovery of the tenant’s deposit, the tenant may cancel the contract without a penalty and receive a refund of the contract deposit already paid.

This is a general example. Specify the deadline, documents and extent of any discrepancy that will permit cancellation for your particular lease, and seek legal review where needed.

BEFORE YOU TRANSFER MONEY

From before the contract deposit to the final balance, follow this order.

  1. At the viewing

    Check the address, unit number and building type

    Check the building, floor and unit numbers as well as the road-name address, the use recorded in the building register and whether it is dagagu. Do not send a preliminary holding deposit based only on room photographs.

  2. Before paying

    Request current rights, lease and tax records

    Check the property-registration certificate and building register yourself. Ask the landlord to provide the fixed-date records, registered-household information and tax-payment certificates, or give the necessary consent to inspect them.

  3. At signing

    Record the figures and explanations together

    Record the total prior-ranking tenant deposits, rights such as mortgages, document names and dates checked specifically in the agent’s verification and explanation form and the special clauses. Review them together with the contracting parties.

  4. Before the balance

    Recheck registered changes and promised actions

    Check again for new mortgages or attachments. If repayment and discharge of a loan are conditions of the lease, coordinate the discharge filing and payment of the balance.

  5. After moving in

    Complete possession, address registration and a fixed date

    Actually take possession and promptly complete the applicable address registration and fixed-date procedure. Foreign tenants should use the registration route for their status; see guide 12. After signing, be careful not to interrupt the conditions for enforceability against third parties before your deposit has been returned.

FREQUENTLY ASKED

Four common questions about a dagagu lease.

Can I sign immediately if the property register is clean?

No. Other tenants’ deposits may not all appear in the register. For a dagagu building, also check fixed-date records, registered-household information, tax-payment certificates and the lease information supplied by the landlord.

Does the landlord have to show prior-ranking lease information?

When entering into the lease, the landlord must present the property’s lease information associated with fixed dates and national and local tax-payment certificates. The legally specified consent for inspection before contracting may be used instead. Request the documents or consent early and record what you actually checked and when.

Is it enough if the agent tells me only the total amount?

A verbal total does not show which documents were checked or how recent they were. It is safer to ask for an explanation based on the documents the landlord supplied or authorized for inspection, together with registered-household records, and check the figures and document names written in the agent’s verification and explanation form.

If prior-ranking amounts are low, do I automatically qualify for deposit-return insurance?

No. Each guarantee provider separately assesses the property value, legal interests, deposit amount and tenant eligibility. Before signing, ask the guarantee provider or a participating financial institution whether the specific property can qualify.

CHECKED SOURCES

Based on checked official materials.