Why it exists
Under the Housing Lease Protection Act, a tenant's rights against third parties depend on living in the home and keeping a registered address there. Tenants owed a large jeonse deposit—effectively an interest-free loan to the landlord (Ambrose & Kim, 2003)—once risked losing priority the moment they moved for a new job or school. A 1999 amendment let tenants register the lease by court order without the landlord's cooperation.
Eligibility and filing
You qualify once the lease has ended and all or part of the deposit is unpaid. File with the district court where the home is, or online through the Supreme Court e-filing portal, attaching the lease, resident registration, proof the lease ended (texts, a certified letter) and the building register. Since 19 July 2023 registration can proceed before the order is served on the landlord, so an unreachable landlord no longer stalls you for weeks. Costs can later be charged to the landlord.
After registration
Once registered, your existing priority survives even if you move. New tenants of that home lose small-deposit super-priority, which pressures landlords to repay. If they still do not, sue for return or seek a payment order and move to forced auction. With a deposit-return guarantee, coordinate with the guarantor's claim process. Read jeonse fraud for prevention.
Quick steps
- Give dated notice that the lease is ending.
- Apply for the order, online if you like.
- Confirm the registry entry, then move.
- Pursue repayment through judgment, payment order or auction.
FAQ
- Can I move as soon as the court decides?
- No. Wait until the registry shows the lease entry.
- Who pays the filing costs?
- You pay first, then you can claim them from the landlord.
Sources reviewed: 2026-11-09
References
- 주택임대차보호법 제3조의3 (임차권등기명령). Housing Lease Protection Act Art. 3-3 on court-ordered lease registration.
- 상가건물 임대차보호법 제6조 (임차권등기명령). Equivalent lease-registration order for commercial tenants.
- 법무부. (2023. 6. 21.). 임대인 송달 없이도 임차권등기를 할 수 있게 되었습니다 [보도자료]. Ministry notice: since 19 July 2023 registration no longer waits for service on the landlord.
- 대법원 전자소송. (n.d.). 임차권등기명령 신청. Supreme Court e-filing portal for lease-registration applications.
- 찾기쉬운 생활법령정보. (n.d.). 주택임대차: 임차권등기명령. Plain-language checklist on documents and timing.
- 주택도시보증공사(HUG). (n.d.). 전세보증금반환보증. HUG deposit-return guarantee, often paired with lease registration in claims.
- Ambrose, B. W., & Kim, S. (2003). Modeling the Korean chonsei lease contract. Real Estate Economics, 31(1), 53–74. Economic model of jeonse as an interest-free loan to the landlord.