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Housing Lease Protection Act — Article 3-3 (Leasehold registration orders)

주택임대차보호법 제3조의3

(1) If no deposit is refunded after the termination of a lease, the lessee may file an application for a leasehold registration order with the district court, the branch of the district court, or the Si/Gun court having jurisdiction over the location of the leased house. <Amended on Aug. 13, 2013>

(2) The following matters shall be stated in the application form for a leasehold registration order, and the reasons for filing the application, and the facts constituting the grounds for the lease registration shall be clearly explained: <Amended on Aug. 13, 2013>

1. Purport of and reasons for the application;

2. The house which is an object of the lease (where the object of the lease is a part of the house, the drawing plot shall be attached thereto);

3. The facts constituting the grounds for the lease registration (the fact that the lessee has obtained the opposing power provided for in Article 3(1), (2) or (3), or the preferential repayment right provided for in Article 3-2(2));

4. Other matters prescribed by the Supreme Court Regulations.

(3) Articles 280(1), 281, 283, 285, and 286, Article 288(1) and the main clause of paragraph (2) of that Article, 289, part concerning Article 288(1) of Article 290(2), Articles 291, 292(3) and 293 of the Civil Execution Act shall apply mutatis mutandis to the following matters. In such cases, "provisional seizure" shall be construed as "registration of leasehold, "creditor" as "lessee", and "debtor" as "lessor", respectively: <Amended on Apr. 18, 2023>

1. A trial on the application for a leasehold registration order;

2. An application for an objection by a lessor against a ruling on a leasehold registration order and a trial thereof;

3. An application for cancellation of a leasehold registration order and a trial thereof;

4. The execution of a leasehold registration order.

(4) The lessee may appeal against a ruling to reject an application for the leasehold registration order.

(5) Where the lessee completes the registration of leasehold following the execution of the leasehold registration order, he or she shall obtain the opposing power provided for in Article 3(1), (2), or (3) and the preferential repayment right provided for in Article 3-2(2); provided, where the lessee has already obtained the opposing power or the preferential repayment right before the registration of leasehold, the opposing power or the preferential repayment right shall be maintained as it is, and even if he has lost the requirements for opposing power provided for in Article 3(1), (2), or (3) after the registration of leasehold, the opposing power or the preferential repayment right which he has already obtained shall not be lost. <Amended on Aug. 13, 2013>

(6) The lessee who has leased a house, for which the leasehold registration is completed following the execution of the leasehold registration order (where the object of the lease is limited to a part of the house, it shall be limited to the relevant part) thereafter, shall not have the right to receive the preferential repayment under Article 8.

(7) Matters necessary for executing leasehold registration orders, such as entrustment of leasehold registration, and the writing of the leasehold registration by registration officers shall be determined by the Supreme Court Regulations. <Amended on Apr. 12, 2011>

(8) The lessee may request the lessor to reimburse expenses incurred in filing an application for the leasehold registration order under paragraph (1), and completing the lease registration.

(9) Financial institutions, etc. may file an application for the leasehold registration order under paragraph (1) in subrogation of the lessee. In such cases, "lessee" referred to in paragraphs (3), (4), and (8) shall be construed as "financial institutions, etc." <Added on Aug. 13, 2013>[This Article Wholly Amended on Mar. 21, 2008]

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