When a rented home goes to auction in Korea, tenants with small deposits can get part of it back ahead of mortgage lenders — priority repayment under Housing Lease Protection Act Article 8. Two conditions: the deposit is at or under the regional limit in Decree Article 11, and the tenant moved in and registered residence before the auction was registered. The amount paid first is up to a fixed sum in Decree Article 10 — in Seoul, 55 million won for deposits of 165 million won or less — and never more than half the house value.
1. Seoul: deposit of 165 million won or less → up to 55 million first (Decree Arts. 10, 11).
2. Overcrowding-control areas, Sejong, Yongin, Hwaseong, Gimpo 145m → 48m; metropolitan cities etc. 85m → 28m; elsewhere 75m → 25m.
3. Move-in and registration before the auction registration, and only up to half the house value — several small tenants share that half pro rata.
Checker
Updates as you type. Amounts are the current Decree’s; the Decree’s transitional provisions (which amount applies to mortgages set up earlier) weren’t read. Household members living together count as one tenant (Decree Art. 10(4)). Pro rata split rounded down (our method).
Regional limits — Decree Arts. 10, 11
| Region | Deposit limit (Art. 11) / amount paid first (Art. 10) | Worth noting (ours) |
|---|---|---|
| Seoul | 165 million or less / 55 million | — |
| Overcrowding-control areas (not Seoul), Sejong, Yongin, Hwaseong, Gimpo | 145 million or less / 48 million | Areas as defined under the Capital Region Readjustment Planning Act |
| Metropolitan cities (excl. those areas and counties), Ansan, Gwangju, Paju, Icheon, Pyeongtaek | 85 million or less / 28 million | This Gwangju is the city in Gyeonggi |
| Elsewhere | 75 million or less / 25 million | — |
The provisions
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Act Art. 8(1) | A tenant is entitled to repayment of a set part of the deposit ahead of other secured creditors, having met Art. 3(1)’s requirements before the auction registration | Requirements = possession + resident registration |
| Act Art. 8(3) | Scope set by Decree after the Housing Lease Committee, never more than half the house value (including land) | — |
| Decree Art. 10(2), (3) | If the amount exceeds half the value, only up to half; with two or more tenants whose amounts together exceed half, half is split in proportion | — |
| Decree Art. 10(4) | Tenants living together as one household count as one, deposits added | — |
| Act Art. 3-3(6) | A tenant who rents a home after a lease registration order is entered has no priority | — |
Four checks — our example
| Case (our example) | Paid first | Worth noting (our sum) |
|---|---|---|
| Seoul, deposit 150 million, house value 200 million | 55 million won | Within half (100 million) |
| Seoul, deposit 170 million | 0 | Over 165 million |
| Seoul, deposit 100 million, house value 80 million, other small tenants 30 million | 25,882,352 won | Half 40m × 55 ÷ 85 |
| Elsewhere, deposit 70 million | 25 million won | — |
The rest of the deposit is paid by fixed-date priority if you obtained one (Act Art. 3-2). Opposing power starts the day after possession and resident registration, and registration is treated as done when the move-in report is filed (Art. 3(1)).
These are the current Decree amounts. For a home mortgaged earlier, which amount applies depends on the Decree’s transitional provisions, which we didn’t read. Reading the register is in how to read the property register.
Checklist
- ☐ Your region and its deposit limit
- ☐ Move-in and move-in report date — before the auction registration?
- ☐ Fixed date — priority for the rest
- ☐ How many other tenants in the house
- ☐ Mortgage dates on the register
Questions that remain
With monthly rent, is only the deposit counted?
Arts. 10 and 11 speak of the “deposit”; whether rent is converted and added isn’t in these provisions.
Do I need to claim at the auction?
Claims for distribution are governed by the Civil Execution Act, outside this post.
Sources
- Korean law database (law.go.kr) — Housing Lease Protection Act Arts. 3, 3-2, 3-3, 8 — source (current text, effective 2 January 2026, Act No. 21065; checked 21 October 2026). Opposing power (possession and registration, the next day), priority, exclusion after a lease registration, small-tenant priority before the auction registration, half the house value.
- Korean law database — Housing Lease Protection Act Enforcement Decree Arts. 10, 11 — source (effective 1 July 2026, Decree No. 36423; both revised 21 February 2023; checked 21 October 2026). Regional limits and amounts, half the value and pro rata split, households counted as one.
- Not read. The Decree’s transitional provisions; distribution claims under the Civil Execution Act.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Korea Legal Aid Corporation or the Housing Lease Dispute Mediation Committee — distribution and deposit disputes.
Written on 21 October 2026. The content is from the source; the glosses are ours.
