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ACT ON SPECIAL MEASURES FOR REGISTRATION OF TRANSFER OF REAL ESTATE OWNERSHIP

Act No. 16913, Feb. 4, 2020

Amended by Act No. 17506, Oct. 20, 2020

 Article 1 (Purpose)
The purpose of this Act is to allow real estate to be registered pursuant to the Registration of Real Estate Act, for which the preservation of ownership is not registered, or whose entry in the register does not correspond to the actual right relationship, as at the time this Act enters into force, to be registered according to procedures readily accessible.
 Article 2 (Definitions)
The definitions of the terms used in this Act are as follows:
1. The term “real estate” means land registered in the site parcels-register or forest area parcels-register, and a building entered in the building register, as at the time this Act enters into force;
2. The term “register” means the site parcels-register or the forest area parcels-register under the Act on the Establishment and Management of Spatial Data, or the building register under the Building Act;
3. The term “unclaimed real estate” means real estate whose titleholder is not registered in the register;
4. The term “competent registration authority” means the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) who administers registers under the Act on the Establishment and Management of Spatial Data or the Building Act.
 Article 3 (Responsibilities of the State and Local Governments)
The State and local governments shall actively endeavor to publicize the enforcement of this Act.
 Article 4 (Scope of Application)
(1) This Act shall apply to real estate which is substantially transferred due to a legal act, such as sale, donation and exchange, which is inherited, or for which the preservation of ownership is not registered, on or before June 30, 1995.
(2) Notwithstanding paragraph (1), this Act shall not apply to real estate for which a lawsuit is pending regarding the reversion of ownership.
 Article 5 (Covered Areas and Real Estate)
Areas and real estate that are covered by this Act shall be as follows: Provided, That regained areas shall be excluded herefrom: <Amended on Oct. 20, 2020>
1. Eup/Myeon area: Land and buildings;
2. Special Self-Governing City area, and the area of a Si with a population of less than 500,000 (including an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply): Farmland and forestland;
3. Metropolitan City area, and the area of a Si with a population of not less than 500,000: Farmland and forestland in a Special City under the direct control of the central government, a Metropolitan City, or an area incorporated into a Si on or after January 1, 1988. In such cases, a Si area at the time of establishing a Metropolitan City shall not be deemed to be incorporated.
 Article 6 (Application for Land Alteration)
(1) The de facto transferee of real estate, the owner of inherited real estate, or the de facto owner of unclaimed real estate may apply for land alteration or the change of indication of a building to the competent registration authority in his or her own name.
(2) A written guarantee under Article 11 (2) (hereinafter referred to as “written guarantee”) shall be attached to an application under paragraph (1).
(3) Where any error is found in entries in the register, the transferee or owner under paragraph (1) may apply for the correction thereof to the competent registration authority. In such cases, a certificate of completion of registration, a notice of completion of registration, a certificate of registered matters, or registration computer-information data furnished by the registry office under Article 88 (1) of the Act on the Establishment and Management of Spatial Data, or a certificate of completion of registration, a notice of completion of registration, or a certificate of registered matters for a building under the building-related statutes and regulations, shall be substituted by a written confirmation under Article 11 (1) (hereinafter referred to as “written confirmation”).
 Article 7 (Change and Restoration of Titleholders in Registers, and Registration of Ownership Preservation)
(1) The de facto transferee of unregistered real estate, the inheritor of unregistered real estate, or the de facto owner of unclaimed real estate may file an application for registration of change or restoration of titleholder, along with a written confirmation, with the competent registration authority.
(2) Upon receipt of the application under paragraph (1), the competent registration authority shall register the change or restoration of titleholder in the register based on the written confirmation.
(3) The titleholder in the register for whom the registration of change or restoration is completed pursuant to paragraph (2) may file an application for registration of ownership preservation, along with a certified copy of the register, with the competent registry office in his or her own name.
 Article 8 (Procedures for Transfer of Ownership)
(1) An application for registration of ownership transfer under this Act may be filed solely by a de facto transferee or his or her agent who has been issued a written confirmation, notwithstanding the provisions of Article 23 (1) of the Registration of Real Estate Act.
(2) In the case of applying for registration under paragraph (1), the accompanying information under Article 24 (2) of the Registration of Real Estate Act, which proves grounds for registration, shall be substituted by a written confirmation.
(3) When applying for registration under paragraph (1), a certified copy of the register shall be submitted.
 Article 9 (Special Cases for Real Estate Devolving upon State and for State and Public Real Estate)
(1) When the de facto transferee of real estate among the property devolving upon the State under Article 2 of the Act on Disposal of Property Devolving upon the State applies for registration of change of titleholder under Article 7 (1), he or she shall attach a certificate of fact separately issued by the head of the competent tax office.
(2) When the transferee of state or public real estate or the person who has acquired such real estate from the transferee by inheritance, donation, sale or exchange intends to have a written confirmation issued by the competent registration authority to apply for the registration of ownership preservation or the registration of ownership transfer under this Act, he or she is not required to attach a written guarantee.
 Article 10 (Registration Application Filed in Lieu of Registered Titleholders)
(1) If necessary for registration pursuant to Article 8, the de facto transferee may apply for the registration of change of indication and the registration of ownership transfer due to inheritance in lieu of the registered titleholder or his or her inheritor.
(2) When applying for registration under paragraph (1), a written confirmation shall be attached.
 Article 11 (Issuance of Written Confirmations)
(1) The de facto transferee of unregistered real estate, the de facto transferee of registered real estate from its registered titleholder or his or her inheritor, the inheritor of real estate, and the de facto owner of unclaimed real estate shall have a written confirmation issued by the competent registration authority to apply for registration under this Act.
(2) A person who intends to be issued a written confirmation shall file a written application therefor with the competent registration authority, along with written guarantees given by at least five guarantors commissioned by the head of a Si/Gu/Eup/Myeon from among those falling under any of the following subparagraphs: Provided, That at least one of the guarantors shall be a person falling under subparagraph 2:
1. A person who resides in the Dong/Ri where the relevant real estate is located, for the period prescribed by Presidential Decree or longer;
2. A person who qualifies as an attorney-at-law or a certified judicial scrivener.
(3) A guarantor under paragraph (2) 2 shall have a face-to-face interview with another guarantor and the person who seeks to be issued a written confirmation under paragraph (1) to ascertain whether the contents of guarantee are true, and then prepare a written guarantee.
(4) A guarantor under paragraph (2) 2 may receive remuneration from the person who seeks to be issued a written confirmation pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Justice.
(5) Upon receipt of an application under paragraph (2), the competent registration authority shall warn the guarantors of punishment for false guarantee and then ascertain the purport of guarantee.
(6) Upon receipt of an application under paragraph (2) and ascertainment of the purport of guarantee under paragraph (5), the competent registration authority shall issue a written confirmation after fulfilling the following requirements: Provided, That for real estate against which an objection is raised under Article 12 within the period of public announcement, a written confirmation shall not be issued until the objection is concluded:
1. Giving notification to the effect that a written confirmation is applied for and issued to the registered titleholder of the relevant real estate under the Registration of Real Estate Act or his or her inheritor (limited to his or her spouse, lineal ascendants and descendants, and relatives by blood within the fourth degree) (excluding cases prescribed by Presidential Decree where any justifiable grounds exist that prevent the identification of the registered titleholder or his or her inheritor within the period of announcement under subparagraph 3);
2. On-site inspection, such as confirmation of the authenticity of guarantee for the relevant real estate, the present occupation and use relationship of the relevant land, the existence of disputes over ownership, and documents related to proof of ownership;
3. Public announcement of the application for the relevant written confirmation and matters prescribed by Presidential Decree on the websites and office bulletin boards of the relevant Si/Gun/Gu/Eup/Myeon and Dong/Ri for two months.
(7) Qualification requirements for guarantor pursuant to paragraphs (2) through (6), the ascertainment of the purport of guarantee by the competent registration authority, on-site inspections, procedures for issuance of written confirmations, and other necessary matters, may be prescribed by Presidential Decree.
 Article 12 (Objection)
(1) A person who is dissatisfied with an application for issuance of a written confirmation may file an objection within the period of public announcement pursuant to Article 11 (6) 3.
(2) Upon receipt of an objection under paragraph (1), the competent registration authority shall make a factual investigation within two months after the period of public announcement expires, determine the validity of the objection, and notify both the applicant for issuance of the written confirmation and the person who filed the objection of the result.
 Article 13 (Retention of Data)
(1) The competent registration authority shall preserve data and records, such as written guarantees and written confirmations, prepared in accordance with this Act for ten years from the day after the validity period of the Act expires.
(2) Detailed matters concerning the types and retention of data to be preserved pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 14 (Request for Provision of Data)
(1) In order to perform the work under this Act, such as the work referred to in each of the subparagraphs of Article 11 (6), the competent registration authority may request the head of a relevant agency to provide necessary data, such as the computerized information data on registered matters concerning family relations pursuant to Article 9 of the Act on Registration of Family Relations and the information and data on registration concerning real estate pursuant to the Registration of Real Estate Act. In such cases, the head of the relevant agency so requested shall comply therewith, in the absence of good cause.
(2) Matters concerning the scope of data to be requested under paragraph (1) shall be prescribed by Presidential Decree.
 Article 15 (Education of Guarantors)
(1) The head of a Si/Gun/Gu shall conduct education related to guarantees prescribed by Presidential Decree for the guarantors under Article 11 (2).
(2) No guarantor under Article 11 (2) 2 may make a contract for the work concerning registration under this Act with respect to the real estate guaranteed by the principal under this Act.
 Article 16 (Penalty Provisions)
(1) A person who falls under any of the following subparagraphs may be punished by imprisonment with labor for a period of not less than one but not more than ten years or by a fine of not less than 10 but not more than 100 million won, or both:
1. A person who is issued a written confirmation by fraud;
2. A person who, for the purpose of uttering, counterfeits or alters a document under Article 11;
3. A person who prepares a false written guarantee;
4. A person who defrauds another, thereby leading him or her to prepare a false written guarantee;
5. A person who uses a document under any of subparagraphs 1 through 3.
(2) A person who prepares a false written guarantee by gross negligence or instigates another to prepare a false written guarantee shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
ADDENDA <Act No. 16913, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Period of Validity)
This Act shall be valid for two years from the date it enters into force: Provided, That for real estate for which the issuance of a written confirmation is applied for under Article 11, and for real estate for which an objection to the issuance of a written confirmation is filed under Article 12, while this Act is in operation, the registration under this Act may be applied for up to six months after the validity period expires.
Article 3 (Transitional Measures Following Expiration of Validity Period)
A person who commits an offense under Article 16 while this Act is in force (including the period under the proviso of Article 2 of the Addenda) shall be governed by this Act even after the effective period of this Act expires.
Article 4 (Transitional Measures concerning Change of Administrative Areas)
Where a change occurs in an administrative area after this Act enters into force, the area shall be deemed the previous administrative district for the purpose of this Act.
ADDENDUM <Act No. 17506, Oct. 20, 2020>
This Act shall enter into force on the date of its promulgation.