[Real Estate AtoZ] Newly Built Apartments Without Registration, Any Issues for Tenants?

"I am planning to move into a newly built apartment on a jeonse lease. Unlike regular houses, it says that I cannot obtain the certified copy of the register. Is this not a problem?"

Recently, as the jeonse loan interest rates at commercial banks have dropped to the 3% range, more tenants are trying to move into newly built apartments. Jeonse prices have also fallen compared to a few years ago, and among complexes about to be occupied, there are many jeonse listings because owners have not been able to prepare the remaining balance. However, signing a jeonse contract for a newly built apartment requires more caution than for a regular apartment.

Check the Supply Contract Instead of the Certified Copy of the Register... Examine the Back Side Carefully

Newly built apartments are characterized by signing the jeonse contract before moving in. The problem is that the owner's title transfer registration can only be done after moving in. If the title transfer registration is not possible, the tenant cannot check the certified copy of the register before signing the contract. This makes it difficult for tenants to judge ownership status or debt relationships.

Therefore, for newly built apartments, the tenant must verify the actual owner of the property through the 'supply contract.' By comparing the original supply contract with the tenant's ID, it is possible to confirm whether the owner is indeed the person who won the subscription for the newly built apartment.

However, since most tenants are not familiar with the supply contract and there is a possibility of forged contracts, it is necessary to verify the accuracy of the information with the developer or construction company. Especially, since the subscription winner may have sold the pre-sale rights to someone else, changing the actual owner, it is essential to check the succession details on the back side of the supply contract.

Deposits and remaining payments must be made to the account of the actual owner. If payments are made to an account under the name of the landlord's family or relatives, problems may arise later. If a proxy, not the landlord, comes at the time of contract, the tenant must verify the actual owner's seal certificate, power of attorney, and the proxy's ID.

Protect Jeonse Deposit with Contract Special Clauses... Immediate Possibility of Moving-in Report and Fixed Date Registration

Since there is no certified copy of the register for newly built apartments, making it impossible to know debts or rights, it is advisable to confirm directly with the landlord. Ask about the current loan ratio on the property and whether there are any overdue intermediate payments to ensure it is not an excessive gap investment.

If you receive a verbal confirmation, it is safer to include it as a special clause in the contract. Unexpected issues may arise for the actual owner after the contract signing. For example, including a clause such as "If the landlord fails to pay the remaining balance and the pre-sale contract is canceled, resulting in failure to obtain ownership or other issues, the contract will be nullified and a penalty will be paid" can protect your rights in case of future legal disputes.

If you have signed a jeonse contract, you must receive a fixed date registration and complete the moving-in report just like a regular lease contract. Fixed date registration and moving-in report can be done immediately regardless of the title transfer registration status, and lease registration can also be done simultaneously. If you are concerned that the landlord may have signed multiple lease contracts, you can check the moving-in households at the district office or community service center.