Law Viewer

Back Home

REGULATIONS ON PROCEDURES FOR ASSIGNING REGISTRATION NUMBERS FOR REGISTRATION OF REAL ESTATES OF UNINCORPORATED ASSOCIATIONS OR FOUNDATIONS AND OF FOREIGNERS

Presidential Decree No. 12075, Feb. 13, 1987

Amended by Presidential Decree No. 13872, Mar. 30, 1993

Presidential Decree No. 14000, Nov. 6, 1993

Presidential Decree No. 15280, Feb. 22, 1997

Presidential Decree No. 16711, Feb. 14, 2000

Presidential Decree No. 17514, Feb. 9, 2002

Presidential Decree No. 17580, Apr. 18, 2002

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 19225, Dec. 30, 2005

Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 24415, Mar. 23, 2013

Presidential Decree No. 25225, Mar. 5, 2014

Chapter I General Provisions
 Article 1 (Purpose)
The purpose of this Decree is to prescribe, pursuant to Article 49 (1) 3 and 4 of the Registration of Real Estate Act, the procedure of allocating registration numbers for registration of real estate with respect to the association/foundation which is not juristic person and of foreigners. <Amended by Presidential Decree No. 19225, Dec. 30, 2005; Presidential Decree No. 25225, Mar. 5, 2014>
 Article 2 (Definitions)
The definitions of the terms used in this Decree shall be as follows: <Amended by Presidential Decree No. 15280, Feb. 22, 1997; Presidential Decree No. 25225, Mar. 5, 2014>
1. The term “certificate of registration” means a written document which proves a registration number to be used for registration of real estate (hereinafter referred to as “registration number”);
2. The term “registration office” means an office which allocates the registration number and issues a certificate of registration;
3. The term “registration number file“ means the aggregated data that is systematically collected data relevant to the registration number into the main computer recording the data, etc. registered in a cadastral register and into a terminal and other systems related to the main computer.
 Article 3 (Maintenance and Management of Registration Numbers)
(1) With respect to the association/foundation which is not juristic person (hereinafter referred to as “association or foundation”) and foreigners, one registration number shall be allocated to each association or foundation, or a foreigner.
(2) In order to uniformly manage the registration numbers, the Minister of Land, Infrastructure and Transport shall maintain and manage nationwide affairs of allocating registration numbers and changes thereof with respect to the association or foundation, and the Minister of Justice shall take charge of the aforementioned nationwide affairs with respect to foreigners. <Amended by Presidential Decree No. 16711, Feb. 14, 2000; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24415, Mar. 23, 2013>
(3) In order to achieve the purpose set forth in paragraph (2), the Minister of Land, Infrastructure and Transport or the Minister of Justice may supervise the affairs of allocating registration numbers by registration offices and order necessary measures. <Amended by Presidential Decree No. 16711, Feb. 14, 2000; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24415, Mar. 23, 2013>
Chapter II Procedure of Allocating Registration Numbers for Association or Foundation
 Article 4 (Format of Registration Numbers)
A registration number of the association or foundation shall be comprised of the format set forth in Attached Table 1.
 Article 5 (Request for Allocating Registration Numbers)
(1) A representative personnel or manager of the association or foundation who intends to request allocation of the registration number shall submit a written application for allocation of the registration number which specifies the matters in each of the following to the head of the Si concerned (in case of the Si under which Gu is established, referring to the head of the Gu; hereinafter the same shall apply) or the Gun concerned (hereinafter referred to as “head of a Si/Gun”): <Amended by Presidential Decree No. 15280, Feb. 22, 1997; Presidential Decree No. 19225, Dec. 30, 2005>
1. Deleted; <by Presidential Decree No. 15280, Feb. 22, 1997>
2. Name and place of office of the association or foundation;
3. Name and address of the representative personnel or manager.
(2) A standard form for the written application for allocating the registration number under paragraph (1) shall be determined by Joint Ordinance issued by the Minister of Land, Infrastructure and Transport and the Minster of Justice (hereinafter referred to as “Joint Ordinance”). <Amended by Presidential Decree No. 16711, Feb. 14, 2000; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24415, Mar. 23, 2013>
(3) Each of the following documents shall be attached to the aforementioned written application for allocating registration numbers in paragraph (1): <Newly Inserted by Presidential Decree No. 15280, Feb. 22, 1997; Presidential Decree No. 16711, Feb. 14, 2000>
1. Articles of incorporation or other rules of the association or foundation;
2. A document proving identity of the representative personnel or manager;
3. Deleted. <by Presidential Decree No. 17514, Feb. 9, 2002>
(4) When a foreign juristic person which is not registered in the Republic of Korea intends to be allocated the registration number pursuant to paragraph (1), it shall attach each of the following documents issued by the foreign country concerned (including a person who engages in the affairs of consular service in Korea on behalf of the foreign country) to the written application for allocating the registration number: <Newly Inserted by Presidential Decree No. 16711, Feb. 14, 2000>
1. A document proving its registration of juristic person in the foreign country;
2. A document proving identity of its representative personnel or manager;
3. A document proving physical address of its representative personnel or manager.
 Article 6 Deleted. <by Presidential Decree No. 15280, Feb. 22, 1997>
 Article 7 (Allocation, etc. of Registration Numbers)
(1) The head of a Si/Gun who has received the application for allocating the registration number pursuant to Article 5 shall ascertain the requested matters, allocate a registration number, and register/process it in the registration number file in the order of registration numbers.
(2) Each of the following matters shall be registered and processed in the registration number file pursuant to paragraph (1):
1. Registration number;
2. Name and place of office of the association or foundation;
3. Name and address of the representative personnel or manager.
(3) Matters to be ascertained by the head of a Si/Gun pursuant to paragraph (1) shall be determined by Joint Ordinance.
[This Article Wholly Amended by Presidential Decree No. 15280, Feb. 22, 1997]
 Article 7-2 (Request for Alteration of the Matters Registered in Registration Number Files)
(1) When a representative personnel or manager of the association or foundation who has been allocated a registration number intends to alter the matters registered in the registration number file pursuant to Article 7 (1), he/she shall, after completing registration of altered titleholder, submit a written application (including an electronic application) for alteration of the registration number file to the head of a Si/Gun who has allocated the registration number concerned.
(2) The standard form for the written application for alteration of the registration number file under paragraph (1) shall be determined by Joint Ordinance.
[This Article Newly Inserted by Presidential Decree No. 19225, Dec. 30, 2005]
 Article 8 (Issuance of Certificates of Registration)
(1) A person who intends to obtain a certificate of registration shall submit a written application (including an electronic application) for issuance of the certificate of registration to the head of a Si/Gun. <Amended by Presidential Decree No. 18312, Mar. 17, 2004>
(2) The head of a Si/Gu in receipt of an application for issuance of a certificate of registration pursuant to paragraph (1) or allocated a registration number pursuant to Article 7 (1) shall issue the certificate of registration concerned.
(3) Standard forms for a written application for issuance of a certificate of registration and the forms for a certificate of registration shall be determined by Joint Ordinance.
[This Article Wholly Amended by Presidential Decree No. 15280, Feb. 22, 1997]
 Article 9 (Measures Against Erroneous Registration)
When registration numbers are redundant or any matter registered in the registration number file has any erroneous entry, the head of a Si/Gu who has allocated the aforementioned registration numbers shall immediately rectify/organize the registration number file and notify the representative personnel or manager of the association or foundation concerned, of such fact.
[This Article Wholly Amended by Presidential Decree No. 15280, Feb. 22, 1997]
 Article 10 (Fees)
(1) A person who has requested allocation of a registration number pursuant to Article 5 or for issuance of a certificate of registration pursuant to Article 8 shall pay the fee determined by Joint Ordinance.
(2) The fee under paragraph (1) shall be appropriated to the revenue of the Si (in case of Special Metropolitan City/Metropolitan City, referring to the self-governing district) or Gun. <Amended by Presidential Decree No. 15280, Feb. 22, 1997>
Chapter III Procedure of Allocating Registration Numbers for Foreigners
 Article 11 (Format of Registration Numbers)
With respect to the format of registration numbers for foreigners, Article 40-3 of the Enforcement Decree of the Immigration Control Act shall apply thereto. <Amended by Presidential Decree No. 19225, Dec. 30, 2005; Presidential Decree No. 25225, Mar. 5, 2014>
[This Article Wholly Amended by Presidential Decree No. 17580, Apr. 18, 2002]
 Article 12 (Allocation of Registration Numbers)
Registration numbers for foreigners shall be allocated as prescribed by Joint Ordinance when the head of an immigration office (hereinafter referred to as “head of office”) or the head of a branch of an immigration office (hereinafter referred to as “head of branch office”) receives a registration of foreigner pursuant to Article 31 of the Immigration Control Act: Provided, That the registration number for a foreigner who has not completed foreigner registration shall be allocated by the application, as prescribed by Article 13. <Amended by Presidential Decree No. 13872, Mar. 30, 1993; Presidential Decree No. 14000, Nov. 6, 1993; Presidential Decree No. 19225, Dec. 30, 2005>
 Article 13 (Requests for Allocation of Registration Numbers)
(1) When a foreigner who has not completed foreigner registration intends to have real estate registered, he/she shall submit to the head of office or the head of branch office, his/her written application for allocating a registration number which specifies each of the following: <Amended by Presidential Decree No. 13872, Mar. 30, 1993; Presidential Decree No. 14000, Nov. 6, 1993; Presidential Decree No. 16711, Feb. 14, 2000>
1. Indication of the real estate to be registered;
2. Rights to be registered;
3. Nationality, name, gender, date of birth, and address of the applicant.
(2) The application for allocating a registration number under paragraph (1) shall be attached with a copy of the applicant’s passport or a certificate of his/her nationality. <Amended by Presidential Decree No. 16711, Feb. 14, 2000>
(3) A standard form for the application for allocating a registration number prescribed in paragraph (1) shall be determined by Joint Ordinance.
(4) Deleted. <by Presidential Decree No. 16711, Feb. 14, 2000>
 Article 14 (Keeping of Register)
(1) When the head of office or the head of branch office allocates a registration number pursuant to Article 13 to a foreigner who has not completed foreigner registration, the head of office or the head of branch office shall enter the fact in the register in the order of the registration numbers. <Amended by Presidential Decree No. 13872, Mar. 30, 1993; Presidential Decree No. 16711, Feb. 14, 2000>
(2) A standard form for a written application for allocating the registration number file prescribed in paragraph (1) shall be determined by Joint Ordinance.
(3) The head of office or the head of branch office who has recorded a registration number in the register pursuant to paragraph (1) shall deliver the certificate of registration prescribed by Joint Ordinance to the person who has requested allocation of the registration number. <Amended by Presidential Decree No. 16711, Feb. 14, 2000>
 Article 15 (Issuance of Certificates of Registration)
(1) When a foreigner allocated with a registration number intends to receive a certificate of registration, he/she shall submit to the head of office or the head of branch office his/her written application for issuance of a certificate of registration which specifies each of the following matters: <Amended by Presidential Decree No. 13872, Mar. 30, 1993; Presidential Decree No. 14000, Nov. 6, 1993; Presidential Decree No. 16711, Feb. 14, 2000>
1. Indication of the real estate to be registered;
2. Rights to be registered;
3. Nationality, name, gender, date of birth, and address of the applicant.
(2) A standard form for a written application for allocating a registration number file under paragraph (1) shall be determined by Joint Ordinance.
(3) Article 13 (2) shall apply mutatis mutandis, with respect to the application for issuance of a certificate of registration under paragraph (1). <Amended by Presidential Decree No. 16711, Feb. 14, 2000>
(4) The head of office or the head of branch office in receipt of an application for issuance of a certificate of registration pursuant to paragraph (1) shall deliver to the foreigner the certificate of registration prescribed by Joint Ordinance. <Amended by Presidential Decree No. 14000, Nov. 6, 1993>
 Article 16 (Fees)
A person who has requested allocation of a registration number pursuant to Article 13 or for issuance of a certificate of registration pursuant to Article 15 shall pay the fee determined by Joint Ordinance.
Chapter IV Supplementary Provisions
 Article 17 (Enforcement Rules)
Matters necessary for the enforcement of this Decree shall be determined by Joint Ordinance.
Addenda <Presidential Decree No. 12075, Feb. 13, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 1987.
Article 2 (Transitional Measures concerning Allocation of Registration Numbers for Foreigners)
Notwithstanding the main sentence of Article 12, the registration number for a foreigner who has reported his/her residence before this Decree enters into force shall be allocated by the head of office having jurisdiction over his/her place of residence.
Addenda <Presidential Decree No. 13872, Mar. 30, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 1993.
Articles 2 through 7 Omitted.
Addenda <Presidential Decree No. 14000, Nov. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registration Numbers for Foreigners)
With respect to any registration numbers allocated pursuant to former provisions as at the time this Decree enters into force, the head of the Seoul Immigration Office shall ex officio allocate the registration numbers based on the formats in Attached Table 2, pursuant to Article 11, and shall entrust a competent registry office with the registration of alteration of the said registration number.
Addenda <Presidential Decree No. 15280, Feb. 22, 1997>
This Decree shall enter into force on the date of its promulgation.
Addenda <Presidential Decree No. 16711, Feb. 14, 2000>
This Decree shall enter into force on the date of its promulgation.
Addenda <Presidential Decree No. 17514, Feb. 9, 2002>
This Decree shall enter into force on the date of its promulgation.
Addenda <Presidential Decree No. 17580, Apr. 18, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registration Numbers for Foreigners)
With respect to any registration numbers allocated pursuant to former provisions as at the time this Decree enters into force, the head of the Seoul Immigration Office shall ex officio alter/allocate the registration numbers, pursuant to the amended provisions of Article 11, and entrust a competent registry office with the registration of alteration of the said registration number.
Addenda <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
Addenda <Presidential Decree No. 19225, Dec. 30, 2005>
This Decree shall enter into force on the date of its promulgation.
Addenda <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees to be amended pursuant to Article 6 of Addenda, the amended portion of the Presidential Decrees promulgated before this Decree enters into force and their enforcement dates have not yet arrived shall enter into force on the date each relevant Presidential Decree enters into force.
Articles 2 through 6 Omitted.
Addenda <Presidential Decree No. 24415, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
Addenda <Presidential Decree No. 25225, Mar. 5, 2014>
This Decree shall enter into force on the date of its promulgation.