CONTENTS
- 1. Registration of Ownership Transfer | Grounds and Applicant
- - Transfer of Ownership by Sale
- - Transfer of Ownership by Gift
- - Transfer of Ownership by Inheritance
- - Transfer of Ownership by Partition of Co-Owned Property
- 2. Registration of Ownership Transfer | How to Apply
- - In-Person Application
- - Electronic Application
- - Fees and the Competent Registry Office
- 3. Registration of Ownership Transfer | Required Documents
- - For Sale-Related Registration
- - For Gift-Related Registration
- - For Inheritance-Related Registration
- - For Registration Related to Partition of Co-Owned Property
- 4. Registration of Ownership Transfer | Step-by-Step Preparation
- - Support System of Real Estate Attorneys
1. Registration of Ownership Transfer | Grounds and Applicant
Registration of ownership transfer is a registration procedure applied for where the owner of real estate has changed for reasons such as sale, gift, or inheritance.
The applicant and the period for the registration vary depending on the grounds.
Transfer of Ownership by Sale
Registration of ownership transfer by sale refers to the registration applied for in order to give public notice where ownership has been transferred by the juristic act of sale.
For this, within 60 days of both parties fully performing their obligations, the seller, who is the registration obligor, may apply at the registry office together with the buyer, who is the registration right holder.
Registration obligor | Seller |
Registration right holder | Buyer |
The buyer's claim for registration of ownership transfer is extinguished by prescription if it is not exercised for 10 years (Article 162(1) of the 「Civil Act」).
Transfer of Ownership by Gift
Registration of ownership transfer by gift refers to the registration in cases where ownership is transferred under a real estate gift contract.
In registration of ownership transfer by gift, the registration right holder and the registration obligor are as follows.
Registration obligor | Donor (the person making the gift) |
Registration right holder | Donee (the person receiving the gift) |
A person who has entered into a gift contract for real estate must apply for registration of ownership transfer within the following periods.
Situation | Standard and Application Period |
Where the parties to the contract bear mutually consideration-based obligations | Within 60 days from the date the counter-performance is completed |
Where only one party to the contract bears an obligation | Within 60 days from the date the contract takes effect |
Transfer of Ownership by Inheritance
Registration of ownership transfer by inheritance refers to the registration made where ownership is transferred due to the death of the decedent.
Registration of ownership transfer by inheritance can be divided into the following 2 types.
▷ Registration of ownership transfer on the ground of inheritance by division upon agreement (Article 1013 of the 「Civil Act」)
Registration of ownership transfer by inheritance may be applied for solely by the heir, who is the registration right holder.
Registration right holder | Heir (the person who inherits) |
Counterparty | Decedent (the person from whom the inheritance comes) |
Transfer of Ownership by Partition of Co-Owned Property
Registration of ownership transfer by partition of co-owned property refers to the registration that dissolves a co-ownership relationship and makes the property the sole ownership of each party.
In this case, the registration right holder and the registration obligor are as follows.
Registration obligor | The person transferring their own share |
Registration right holder | The person acquiring another co-owner's share |
Registration of ownership transfer by partition of co-owned property is, as a general rule, applied for jointly by the registration obligor and the right holder (Article 23(1) of the 「Registration of Real Estate Act」).
(However, partition of co-owned property based on a court judgment or judicial conciliation may be applied for solely by the registration right holder.)
2. Registration of Ownership Transfer | How to Apply
Registration of ownership transfer can be carried out by in-person application or electronic application.
The applicant may submit it in writing to the registry office in person or through an agent, or may apply electronically through the Supreme Court Internet Registry Office or a mobile app.
In-Person Application
The applicant or agent must appear at the registry office and submit a document setting out the application information and attached information.
Contents Included in the Application Information
▷ Information on the applicant and agent
▷ The cause of registration and its date, and the purpose of the registration
▷ Registration completion information and the registry office indication, the application date, etc.
Main Documents That Must Be Attached
Category | Examples of Attached Documents |
Proof of the cause of registration | Sales contract, gift contract, etc. |
Seal verification or certificate of personal signature | Seal certificate, certificate of the fact of personal signature |
For application by an agent | Power of attorney, documents proving the agent's authority |
Verification of the real estate description | Land register, forest land register, building register, etc. |
Information on the registration right holder and obligor | Documents verifying the address and resident registration number, etc. |
The seal certificate must be one issued within 3 months from the date of issuance, and the relevant seal must be affixed to the registration application or power of attorney.
However, it may be replaced with a certificate of the fact of personal signature or an issuance certificate of an electronic personal signature confirmation.
Electronic Application
This is a method of transmitting the application information and attached information together with an electronic signature using the Internet Registry Office or a mobile application.
Eligibility for Electronic Application
∙ Corporation : electronic certificate
∙ Foreigner: alien registration or report of domestic place of residence required
※ Unincorporated associations and foundations cannot use electronic application
Preparation Before Electronic Application
▷ Where a qualified agent applies, attach documents proving the qualification
Fees and the Competent Registry Office
Item | Details |
Application fee | KRW 15,000 per real estate item |
Competent registry office | Application available at the district court, its branch, or the registry office having jurisdiction over the location of the real estate |
Finding a registry office | Use the Supreme Court Internet Registry Office > Customer Center > Find a Registry Office menu |
3. Registration of Ownership Transfer | Required Documents
When applying for registration of ownership transfer, the documents that must be submitted differ depending on the grounds.
For Sale-Related Registration
Documents to prepare through the city, county, or district office | Copy of the land register or copy of the forest land register |
Copy of the building register | |
Resident registration certificate (abstract) | |
Real estate transaction contract report certificate (actual transaction price report certificate) or seal of approval | |
Seal certificate for sale | |
Certificate of eligibility to acquire farmland (only for applicable persons) | |
Land transaction permit (only for applicable persons) | |
Acquisition tax payment notice (including local education tax and special rural development tax) | |
Documents to prepare through the bank | Acquisition tax payment confirmation |
Purchase of National Housing Bonds | |
Purchase of Republic of Korea government revenue stamps | |
Purchase of Supreme Court registration revenue stamps | |
Sale-related documents | Sales contract |
Sale list (where there are 2 or more real estate items in the transaction, or it is a contract between multiple sellers and multiple buyers) | |
Power of attorney (only for applicable persons) | |
Registration completion information or registration completion notice |
For Gift-Related Registration
Documents to prepare through the city, county, or district office | Copy of the land register or copy of the forest land register |
Copy of the (aggregate) building register | |
Resident registration certificate (abstract) | |
Seal of approval on the gift contract | |
Donor's seal certificate | |
Acquisition tax payment notice (including local education tax and special rural development tax) | |
Documents to prepare through the bank | Acquisition tax payment confirmation |
Purchase of National Housing Bonds | |
Purchase of Supreme Court registration revenue stamps | |
Gift-related documents | Gift contract with seal of approval |
Certificate of eligibility to acquire farmland (only for applicable persons) | |
Power of attorney (only for applicable persons) | |
Registration completion information (registration completion certificate) or registration completion notice |
For Inheritance-Related Registration
Documents to prepare through the city, county, or district office | Copy of the land register or copy of the forest land register |
Copy of the (aggregate) building register | |
Resident registration certificate (abstract) | |
Acquisition tax payment notice (including local education tax and special rural development tax) | |
Documents to prepare through the bank | Acquisition tax payment confirmation |
Purchase of National Housing Bonds | |
Purchase of Supreme Court registration revenue stamps | |
Inheritance-related documents | Seal certificates of all heirs (in the case of division upon agreement) |
Agreement on the division of inherited property or an authentic copy of the adjudication (in the case of division upon agreement) | |
Power of attorney (only for applicable persons) |
For Registration Related to Partition of Co-Owned Property
Documents to prepare through the city, county, or district office | Copy of the land register or copy of the forest land register |
Copy of the (aggregate) building register (only for applicable persons) | |
Resident registration certificate (abstract) and the registration obligor's seal certificate | |
Seal of approval on the partition contract for co-owned property | |
Acquisition tax payment notice (including local education tax and special rural development tax) | |
Documents to prepare through the bank | Acquisition tax payment confirmation |
Purchase of National Housing Bonds | |
Purchase of Republic of Korea government revenue stamps | |
Purchase of Supreme Court registration revenue stamps | |
Documents related to partition of co-owned property | Authentic copy of the judgment on partition of co-owned property (only for applicable persons) |
Power of attorney (only for applicable persons) | |
Registration completion information or registration completion notice |
4. Registration of Ownership Transfer | Step-by-Step Preparation
Registration of ownership transfer is a procedure for reflecting in the register, and giving external effect to, a change in the ownership of real estate by contract, inheritance, gift, judgment, partition of co-owned property, and the like.
As examined above, the applicant and the required documents differ depending on the grounds, so preparation at each stage is very important.
Category | Main Preparation Items |
① Occurrence of the cause of registration | Determining the legal ground for the ownership transfer, such as sale, inheritance, gift, or partition of co-owned property |
② Preparing the registration application documents | Preparing documents that meet the requirements according to the cause of registration |
③ Filing with the competent registry office | Filing the registration application with the competent registry office in person or online |
④ Completion of registration and verification | Verifying whether registration is completed and issuing a certified copy of the registered matters |
Support System of Real Estate Attorneys
This law firm has a number of attorneys registered as real estate specialist attorneys with the Korean Bar Association, as well as attorneys with an average of 10 or more years of experience.
By forming and deploying a task force of 1 to 20 members according to the scale of the case, tailored legal support is available at each stage, including verifying the documents to prepare according to the cause of registration and settling the balance and taxes.
If it is difficult to handle the entire registration procedure on your own, we recommend that you complete the registration of ownership transfer more accurately and securely with the assistance of a real estate attorney.
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