A Korean tenant’s two shields for the deposit, opposing power and priority repayment, turn on dates. Article 3(1) of the Housing Lease Protection Act says a lease takes effect against third parties from the day after the tenant completes possession and resident registration, and Article 3-2(2) gives a tenant with those requirements plus a fixed date the right to be repaid ahead of junior right-holders in an auction or public sale. Enter your move-in, registration and fixed dates to see when opposing power starts and when all three were in place, and add a mortgage or other registration date to compare. Where the text is silent (from what hour, or who ranks first on the same day) the checker says so rather than deciding.
1. Opposing power = from the day after possession and resident registration (Art. 3(1)); the move-in report counts as registration. Moving in and reporting on 20 November gives 21 November.
2. Priority = opposing requirements + a fixed date on the contract (Art. 3-2(2)). Neither alone is enough.
3. To be paid you must hand the house over — without delivering it to the buyer you can’t receive the deposit by priority (Art. 3-2(3)).
Checker
Updates as you type. Dates as YYYY-MM-DD. The move-in report date counts as the resident registration date (Art. 3(1)). The text does not say from what hour opposing power starts or how same-day registrations rank; we leave those to case law and do not decide them.
The two articles — text
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 3(1) | Even without registration of the lease, once the tenant has completed possession of the house and resident registration, it takes effect against third parties from the next day. Resident registration is deemed made when the move-in is reported. | The day after the later of the two (our reading) |
| Art. 3(4) | The transferee of the house (or anyone succeeding to the right to let it) is deemed to succeed to the landlord’s position. | A new owner owes the deposit — what opposing power means |
| Art. 3-2(2) | A tenant with the opposing requirements of Art. 3(1)–(3) and a fixed date on the lease contract may be repaid the deposit from the sale proceeds of the house (including land) in an auction under the Civil Execution Act or public sale under the National Tax Collection Act ahead of junior right-holders and other creditors. | It says “requirements”, not “opposing power” — the checker follows those words |
| Art. 3-2(3) | The tenant cannot receive the deposit under para. 2 without delivering the house to the transferee. | You must move out to be paid |
For houses leased by companies for staff (Art. 3(2)–(3)) the test is the day after the employee takes possession and registers. For small and medium companies, if the employee changes, effect starts again from the day after the new employee takes possession and registers (para. 3).
How the checker counts — our gloss
| Row | Rule | Worth noting (ours) |
|---|---|---|
| Requirements complete | The later of possession and move-in report | Both are needed |
| Opposing power | The next day | No hour is stated |
| All in place | The later of requirements complete and the fixed date | Art. 3-2(2)’s “has” taken literally; whether priority runs from that day or the next isn’t stated |
| Compare with a registration | Filing date earlier: “registered earlier”; same: “not decided”; later: “junior” | Same-day ranking is case law, which we don’t decide |
Explanations like “from 0:00” or “same day ranks equally” come from court rulings and aren’t covered here. That the statute stops at “from the next day” is also set out at the end of jeonse fraud prevention.
Five results — our examples
| Case (our example) | Result | Worth noting (ours) |
|---|---|---|
| Move-in and report 20 November, fixed date 2 November (signing day) | Opposing power from 21 November; all in place 20 November | An early fixed date waits for the move-in |
| Move-in 20 November, report on 24 November | Requirements 24 November, opposing power from 25 November | Late reporting pushes it back |
| First case, mortgage filed 21 November | Same day as opposing power — not decided; later than the priority date | Same-day order is outside the text |
| First case, mortgage filed 20 November | Earlier than opposing power; same day as all in place — not decided | The typical moving-day loan mortgage |
| Move-in and report 20 November, fixed date 27 November, mortgage 25 November | Later than opposing power, earlier than all in place (27 November) | A late fixed date reads as ranking after the mortgage (our reading) |
Keeping these dates safe
- Fixed date — where, fees and cut-offs in how to get a fixed date.
- Deposits ahead of you — checking with landlord consent in lease information requests.
- Moving out unpaid — keeping both rights by a lease registration order in the lease registration order checker.
Checklist
- ☐ Move in and report on the same day
- ☐ Fixed date on the contract — reporting the lease with the contract counts
- ☐ Check the register for a new mortgage on completion day
- ☐ Opposing power starts the next day — know the one-day gap
- ☐ To be paid out, hand the house over (Art. 3-2(3))
Questions that remain
What if I report the move and then move my registration away for a while?
Article 3(1) speaks only of “completed” and sets no period to keep it. What happens on moving away and back is case law, outside this checker.
Is a fixed date before the move-in a problem?
No. “All in place” takes the later date, so an early fixed date completes the requirements once you move in and report.
Is there separate protection for small deposits?
Small-deposit priority is counted separately from the fixed date; see the small-deposit tenant checker.
Sources
- Korean law database (law.go.kr) — Housing Lease Protection Act Arts. 3, 3-2, 3-6 — source (current text, effective 2 January 2026, Act No. 21065; checked 5 November 2026). Opposing power (possession and registration, from the next day, move-in report deemed registration), company leases, transferee succession, priority (requirements and fixed date), delivery requirement, fixed-date offices.
- Not read. Case law on the starting hour, same-day ranking and keeping registration; Civil Execution Act distribution rules; National Tax Collection Act public sale rules.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Korea Legal Aid Corporation or a lawyer — same-day and distribution disputes.
- The property register — mortgage filing dates around completion day.
Written on 5 November 2026. The content is from the source; the glosses are ours.
