Why it exists
Korea's 1981 Housing Lease Protection Act let tenants stay on when a home changed hands, but in a foreclosure auction they struggled to prove where their large deposits ranked. A 1989 amendment answered that: tenants with move-in, resident registration and a fixed-date stamp gained priority over later creditors. The rule exists largely because of jeonse, Korea's lump-sum deposit lease.
Three protections compared
Opposability (move-in plus resident registration) takes effect at midnight the next day; priority repayment needs that plus the fixed-date stamp; the stamp itself only proves the contract's date. Because registration takes effect the next day, a mortgage registered on your move-in day can rank ahead of you. If you must move out unpaid, a lease registration order preserves your rank.
Getting it and lease reporting
- Bring the contract to a community service center or registry office (KRW 600), or apply online at the Internet Registry Office (KRW 500).
- Leases with deposits above KRW 60 million or monthly rent above KRW 300,000 must be reported within 30 days, and reporting adds the stamp automatically.
- A high deposit-to-price ratio still raises non-return risk (Kim, 2022), so consider a deposit return guarantee and read up on jeonse fraud.
FAQ
- Is the stamp alone enough?
- No. You also need move-in and resident registration, and it will not outrank earlier mortgages.
- Do monthly-rent leases need it?
- If there is a deposit, yes; reported leases get it automatically.
Sources reviewed: 2026-11-09
References
- 주택임대차보호법 제3조(대항력)·제3조의2(보증금의 회수)·제3조의6(확정일자 부여). Housing Lease Protection Act articles on opposability, deposit priority and fixed-date stamps.
- 대한민국 정책브리핑. (2015). 「깡통전세」 유경험자 추천!…확정일자 온라인 신청. Government article introducing online fixed-date applications via the Internet Registry Office.
- 대한민국 정책브리핑. (n.d.). 전·월세 계약하면 신고하세요. Explains Korea's lease reporting rule and automatic fixed-date stamps on reported leases.
- 주택도시보증공사(HUG) 전세사기예방센터. (n.d.). 대항력과 우선변제권. HUG guide explaining opposability and priority repayment for tenants.
- 대법원 인터넷등기소. (n.d.). 전자확정일자. Official Internet Registry Office site for electronic fixed-date applications.
- 찾기쉬운 생활법령정보. (n.d.). 주택임대차. Plain-language government guide to residential leases in Korea.
- Kim. (2022). The relationship between jeonse-to-price ratio and jeonse deposit non-return risk: Focused on jeonse guarantee. The Journal of Korea Real Estate Analysists Association, 28(4), 55–69. Finds higher jeonse-to-price ratios raise deposit non-return risk.