Recovering your deposit through split-mortgage schemes, underwater-house auctions, broker liability claims, and the land-mortgage trap.
A Clear Path Through a Confusing Recovery ProcessJeonse (lease-deposit) fraud victims tend to discover the problem at the worst possible moment — when an auction notice arrives and the numbers don't add up. This guide covers the schemes we see most often and the concrete recovery paths available at each stage. We don't charge a consultation fee for jeonse fraud matters — if something feels off about your lease, reach out before signing rather than after.
This is one of the most common structural frauds, and it's specifically designed to be invisible on a single unit's registry printout. A landlord who owns a multi-unit building (say, 3 floors of 5 units each) splits the mortgage financing into several separate loans — one per floor, each secured jointly by only that floor's 5 units — instead of one large loan secured by all 15 units. A tenant who pulls the registry for their own unit sees a joint mortgage (공동근저당) with what looks like a modest total balance, and reasonably assumes that figure covers the entire building. It doesn't — it only covers that one group of units, and the same trick has been repeated across other floors with their own separate loans.
The only way to catch this before signing: when pulling a registry certificate through the Internet Registry Office, specifically check the 공동담보목록 (joint mortgage list) box — the default printout won't show it. This reveals exactly which units are jointly secured under which loan, so you can tell whether the mortgage you're seeing is the building's only debt or just one slice of a larger, deliberately fragmented structure.
If the fraud has already happened and the building goes to auction: the mortgage holder can auction the entire jointly-secured group at once (the usual approach) or just part of it — proceeds are distributed per-unit, starting with each unit's minority-tenant priority payment (최우선변제금, capped at half that unit's own sale price), then the senior joint mortgage holder across the group, then whatever's left (usually little to nothing, since a deliberately fragmented loan is typically sized close to the properties' full value) split proportionally among the remaining units for junior claimants.
This happens most with new-build villas or officetels priced without an established market, where the landlord inflated the paper value and collected a deposit exceeding the unit's real resale value, then became unreachable. Even as the most senior tenant, full recovery isn't automatic — and a third party can't simply auction the property for you. Courts dismiss a third party's auction petition as having "no surplus" (무잉여기각) whenever the proceeds wouldn't cover even the senior tenant's own priority claim plus execution costs, since there'd be nothing left for anyone else.
The tenant has to become the one running the auction. The steps: (1) obtain an enforceable title — a payment order, settlement protocol, notarized deed, court reconciliation record, or (if the landlord faces jeonse-fraud criminal charges) a victim compensation order from that criminal case; (2) file the compulsory auction petition yourself, without having to hand over possession first — you can stay in the unit while pursuing the sale; (3) because the deposit typically exceeds market value, no outside bidder shows up (a buyer would owe the tenant's full unpaid deposit on top of the purchase price), so the tenant exercises their priority purchase right (우선매수권), matching the highest bid; (4) file a set-off request before the sale-confirmation date so little to no additional cash payment is needed, with the bid deposit ultimately returned to the tenant through the distribution; (5) if the landlord's own delinquent taxes (당해세 — inheritance/gift tax, property tax, comprehensive real estate tax) have priority, file a tax apportionment request (조세안분신청) to spread that priority claim across the landlord's other jointly-mortgaged units rather than concentrating it on this one.
Acquisition tax relief applies when a jeonse-fraud victim acquires the property this way: exempt up to KRW 2 million (roughly covering a purchase price up to ~KRW 200 million at the 1.1% housing rate, or ~KRW 50 million at the 4.6% officetel rate) — anything above that threshold is taxed on the excess only. The full sequence in order: (lease registration order, if you need to move out first) → deposit-return lawsuit to obtain an enforceable title → compulsory auction filing (with the execution-cost deposit) → self-purchase via priority right → set-off and tax-apportionment filings → acquisition tax payment → ownership-transfer registration commission. Each step has its own procedural traps, so working with someone who handles the whole sequence rather than piecing it together yourself is worth the time it saves.
A lease registration order (임차권등기명령) preserves your priority-payment and possession-based rights after you move out without having recovered your deposit — but many tenants assume it's unavailable if the landlord can't be reached or has died. It isn't. Two requirements only: the lease has actually ended, and the deposit (in full or in part) hasn't been returned.
On ending the lease: even after the fixed term expires, Korea's implied-renewal rule means you generally need to have sent a non-renewal notice at least 2 months before the term ends; if the lease already renewed implicitly, giving notice to terminate ends it 3 months after that notice. Send this by certified mail (내용증명) — texts and KakaoTalk messages are sometimes accepted as evidence but aren't airtight, though a landlord's own reply within such a chat can help as supplementary evidence.
The order takes legal effect once served on the landlord, or once the registration itself is completed — whichever happens, so an unreachable landlord doesn't actually block it: once the registration goes through, service becomes moot. If the landlord has died, the tenant doesn't need to wait for an inheritance registration to happen first — file the petition naming the heirs as respondents, attaching the deceased landlord's family relation certificate and other documents establishing the death and identifying all heirs. Whatever your specific circumstance, get this registration done before you move — it's what actually preserves your legal position once you're no longer physically occupying the unit.
If you didn't recover your full deposit through an auction, pursuing the landlord isn't the only avenue — whether the real estate agent (공인중개사) properly disclosed the property's existing risk factors at signing is a separate, and often overlooked, line of recovery. Under the Licensed Real Estate Agent Act, an agent must accurately investigate and explain a property's condition, location, and rights relationships before a deal closes — and Korean courts have specifically held this duty extends beyond just reading out what's on the registry.
A 2024 Incheon District Court (Bucheon Branch) decision (2024가단104323) is directly on point: an agent had disclosed a registered mortgage but said nothing about existing tenants' deposits in the same multi-household building, leaving that section of the disclosure statement blank — the tenant later recovered only about KRW 19.45 million of a KRW 130 million deposit at auction. The court held the agent had a duty to investigate and disclose other tenants' deposit amounts and lease terms in the same building, not just what's registered — and that failing to do so, or filling the disclosure form with a vague "risk relationship unclear" instead of the actual figures (or explicitly noting that the landlord refused to provide that information, if that's what happened), breaches the Act. This matters most for multi-household houses (다가구주택), where several tenants' deposits collectively function like senior liens even though none of them appear individually on the building's registry the way a mortgage does.
Building a claim requires documentation, not just a sense of unfairness. Gather: the lease contract (date, deposit, balance-payment date, confirmed date, special terms), the disclosure statement itself (what was and wasn't disclosed about prior rights/tenants), the registry certificate and building register from contract time, tenant-registration confirmation and confirmed-date records, and — once the auction has run — the sale-property statement, distribution table, distribution-date record, and actual distribution receipts. Together these establish both the agent's failure and the specific loss it caused.
A tenant who gives early notice to vacate mid-term, only to have the landlord fall through on the replacement tenancy at the last minute, faces a genuinely contested legal question: did the landlord's act of signing a new lease amount to an implied mutual agreement to end the original lease early? A unilateral notice from either side isn't enough on its own — termination generally needs a contractual basis, a statutory ground, or actual mutual agreement, and Korean courts don't require a signed "termination agreement" document for that agreement to exist; conduct, messages, and the surrounding circumstances can establish it just as well.
Courts weigh several factors together: whether the original tenant clearly communicated an intent to vacate by a specific date (not just a vague "I might move out"); whether the landlord went beyond passively hearing that notice and took concrete steps premised on the lease actually ending — recruiting a replacement tenant, signing a new lease; whether the new tenant's planned move-in date lines up with the original tenant's planned move-out date; whether the landlord asked the original tenant to prepare to vacate, show the unit to prospects, or coordinate a deposit-return schedule; and whether the original tenant reasonably relied on the landlord's conduct by finalizing their own next move, making a later reversal by the landlord arguably inconsistent with good faith. A landlord actually signing a new lease with a specific move-in date is particularly strong evidence — it's hard to reconcile with a landlord who genuinely believed the original lease remained in force.
This is arguably the least-known structural risk in Korean jeonse, and it can wipe out even the most senior tenant's entire deposit. A landmark Supreme Court decision (2010.6.10, 2009다101275) addressed exactly this fact pattern: a mortgage was registered on the land before a building existed on it; a building was then constructed and a separate mortgage registered against the building; tenants then moved in with confirmed dates or minority-tenant status; the land and building were later auctioned together.
The holding: a tenant's priority repayment right — confirmed-date priority or minority-tenant priority alike — does not reach the land's own sale proceeds when a senior mortgage was registered on the land before the building existed. Auction proceeds split into a land portion and a building portion; the land's senior mortgage holder gets paid first from the land portion specifically, and tenants can only be paid from the building portion. Since land is very often worth substantially more than the building sitting on it in Korea, the building's portion alone frequently can't cover all tenants' deposits — in real cases, it's been exhausted entirely, leaving even a first-in-time tenant with nothing.
Crucially, this applies to minority-tenant priority payment too — a protection many renters assume is close to unconditional. It isn't, if the land's mortgage predates the building. The practical checklist before signing a multi-household lease: pull the land registry separately from the building registry (they're different documents, and checking only the building's registry — the common mistake — shows only half the risk); compare the land mortgage's registration date against the building's actual construction date; if the land mortgage predates construction, treat that as a serious red flag regardless of what the building's own registry shows, since your priority right may never reach the land's own value no matter how early you moved in.
A Clear Path Through a Confusing Recovery Process
Consultar sobre este servicioWhen pulling the registry certificate online, specifically check the 공동담보목록 (joint mortgage list) box — the standard printout won't show it by default. This reveals whether the mortgage you see covers the whole building or just a fragment of it structured to look smaller.
Usually not — a third party's auction petition gets dismissed for having no surplus if the proceeds wouldn't even cover your own priority claim. You typically have to obtain an enforceable title yourself and file the compulsory auction, then use your priority purchase right to buy it back via set-off.
Yes to both. The order takes effect once served on the landlord or once registered, whichever happens — an unreachable landlord doesn't block it. If the landlord died, file naming the heirs as respondents, attaching the family relation certificate, without needing an inheritance registration to happen first.
It can be. Korean courts have held that an agent's disclosure duty extends beyond reading out what's on the registry — for a multi-household house specifically, it includes investigating and disclosing other tenants' deposit amounts and lease terms, since those function like senior claims even without appearing on the registry.
It depends on the specific facts, but a landlord signing a new lease with a move-in date matching your planned move-out is strong evidence of an implied mutual termination — courts weigh your clear notice, the landlord's concrete follow-through actions, and whether you reasonably relied on the landlord's conduct.
No — for a multi-household house, pull the land registry separately too. If a mortgage was registered on the land before the building was even built, a Supreme Court ruling holds that your priority payment right (even as a minority tenant) never reaches the land's own sale proceeds, regardless of how early you moved in.
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전선영 (Juen Suen Young)