Korean housing laws

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Bernardi
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Joined: 01/17/2010 - 16:45
Korean housing laws

I plan to move out of my officetel soon. I completed my 2 year contract in February and told the building's Budongsan that I plan to move on April 9th which is more than a months notice. He told me that I need to pay him 420,000 won to find someone to move in and I can't move out until someone moves in. He also claims this to be the law but I can't find this info anywhere on the internet. Could someone please let me know if I must pay him this fee.

hyeran
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Joined: 01/26/2011 - 01:37
Re: Korean housing laws

Why did you tell the real estate agent? Shouldn't you be telling the landlord? From what I know if you go to the real estate agent they are going to tell you to pay that because you are asking for their service to help find someone in which case you will have to pay obviously. Call the landlord or have your korean friend call them and find whats going on because that doesnt make sense. (I am no pro or anything but I've been living here for 4 years and moved in and out of one rooms a lot).

mattsid
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Joined: 09/15/2009 - 15:13
Re: Korean housing laws

Korean housing law is extremely dodgy if you don't know the rules. Also Budongsan agents can be equally as dodgy. It's often difficult to work out if they are trying to pull a fast one or actually working within the law.

I had 'housing issues' a couple of years ago and after alot of research finally found the legal document, in English listing your rights.

I've just had a quick skim through it and here's where you might have a problem.

- The 「Housing Lease Protection Act」 provides that the lease contract is renewed if there is no notification from either party that they are not willing to renew the lease contract before the term expires. If the lessor fails to notify the lessee of a refusal of the renewal six to one month before the term of the lease expires, fails to notify that the lessor is not willing to renew the contract if the conditions are not changed, or if the lessee fails to notify one month before the term of the lease expires, it is deemed that the contract is renewed under the same terms and conditions as the former contract (Article 6(1) of the 「Housing Lease Protection Act」).

The question is when did you inform the Budongsan that you would be leaving. At least a month before the expiry of the lease or after? If after, under Korean law, if the landlord or lessee don't come to any agreement the lease is presumed to naturally roll over into a new contract, if this is the case you are currently operating under a new contract whether you agreed to it or not!

(The reverse happened to me, I wanted to stay and it had gone past my two year contract and once my Korean friend started quoting the law I had found I got compensation for having to move out!)

Now the downside of Korean housing law is that foreigners are not protected unless you had your housing contract verified at the local 'Gu' office. Although the landlord / Budongsan may not be aware of this fact, so no harm chancing your luck if you didn't.

I should point out that I only skim read the document and didn't read past the section (5.4) once I found something relating to your situation, so it might be contradicted later in the document. Also I have no legal background, I just like searching stuff!

Full document here http://oneclick.law.go.kr/CSM/OvCnpRetrieveP.laf?csmSeq=608&ccfNo=1&cciN...

I did find the same document in Korean when I had my problems, but can't find it right now. I'm sure a Korean could easily find it with a Naver search.
 

kaypay
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Joined: 07/20/2010 - 19:49
Re: Korean housing laws

Yeah, if you stayed passed your contract, you basically agreed to live there for another year.  We recently moved out of our place a couple months before our contract was up and had to pay 300, 000. I am not sure how they decide how much you have to pay, but it is totally normal to pay something.

kimjeonghee
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Joined: 03/12/2013 - 23:27
Re: Korean housing laws

Hi,

Your contract already ended on Feb. then you do not need to pay budongsan fee. 

Your landlord should return you deposit. (if you have).  But  you had to mention 2 months ahead before finish the contract to landlord that you will move.  If you have some problem, go to <gu> office of your current living -dong (gucheong), there is special person will help you.