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Commercial Building Lease Protection Act — Article 6 (Order of registration of right to lease)

상가건물 임대차보호법 제6조

(1) In cases where security deposit has not been returned after the lease terminated, a lessee may file an application for an order of registration of the right to lease to a district court, branch court of district court, Si court or Gun court having jurisdiction over the address of a leasehold building. <Amended on Aug. 13, 2013>

(2) When a lessee files an application for an order of registration of the right to lease, he or she shall include the following matters therein, and substantiate the grounds for filing an application and such fact being the cause for registration of the right to lease:

1. Purport of filing an application and grounds therefor;

2. Building which is the subject matter of lease (where the subject matter of lease is part of a building, drawings of such part shall be attached);

3. Fact which has become the ground for registration of the right to lease (where a lessee has obtained the perfection under Article 3(1) or right to preferential reimbursement under Article 5(2), such fact);

4. Other matters prescribed by the Supreme Court Regulations.

(3) Articles 280(1), 281, 283, 285, 286 and 288(1), main clause of Article 288(2), Article 289, part concerning Article 288(1) among Article 290 (2), and Articles 291 and 293 of the Civil Execution Act shall apply mutatis mutandis to the judgment on an application for order of registration of the right to lease, lessor's raising an objection on the determination of order of registration of the right to lease and trial thereof, application for cancellation of order of registration of the right to lease and trial thereof, or execution, etc. of order of registration of the right to lease. In such cases, "provisional seizure" shall be deemed "registration of the right to lease," "creditor" as "lessee," and "debtor" as "lessor."(4) A lessee may file a protest against a court ruling dismissing an application for order of registration of the right to lease.

(5) When registration of the right to lease following the execution of order of registration of the right to lease is made, a lessee shall obtain the perfection under Article 3(1) and right to preferential reimbursement under Article 5(2); provided, in cases such lessee has already obtained the perfection or right to preferential reimbursement prior to the registration of the right to lease, no change shall be made to the perfection or right to preferential reimbursement, and such already obtained perfection or right to preferential reimbursement shall not be lost after the registration of the right to lease even if prerequisites for counterclaim under Article 3(1) are lost.

(6) A lessee who has leased a building (limited to part of a building where the subject matter of lease is part of a building) for which registration of the right to lease following the execution of order of registration of the right to lease was made shall have no right to preferential reimbursement under Article 14.

(7) Matters necessary for the implementation of order of registration of the right to lease, such as commissioning of registration of the right to lease, recording of registration of the right to lease by registrars, etc. shall be prescribed by Supreme Court Regulations.

(8) A lessee may request a lessor for costs incurred with regard to filing for an application for order of registration of the right to lease under paragraph (1) and registration of the right to lease incidental thereto.

(9) A financial institution, etc. may file an application for an order of registration of the right to lease under paragraph (1) by subrogating the lessee. In such cases, "lessee" under paragraph (3), (4) and (8) is deemed to be "financial institution, etc." <Added on Aug. 13, 2013>[This Article Wholly Amended on Jan. 30, 2009]

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