Key Money Recovery and Excessive Rent in South Korea
A landlord’s rent demand to a tenant’s successor in South Korea is judged against existing and fair rent, the Supreme Court of Korea held.
A landlord’s rent demand to a tenant’s successor in South Korea is judged against existing and fair rent, the Supreme Court of Korea held.
Under South Korea’s Interest Limitation Act, excess prepaid interest reduces the agreed principal before deduction, not the net amount received.
The Supreme Court of Korea abolished the 58-year-old presumption that acknowledging a time-barred debt waives the limitations defense, and confirmed that a seizure finding no attachable claim stops tolling on service.
When a deceived customer transfers the money themselves, how far does a Korean bank’s liability go? A KRW 2 billion claim dismissed, and when a bank is liable.
A mortgage cancelled by a forged power of attorney is void in South Korea, and a later buyer must consent to its restoration even in good faith.
Under South Korean law, a non-face-to-face loan obtained through identity theft does not bind you where the lender failed to verify identity properly. Cheongju District Court 2024Na57532, and two Supreme Court judgments issued on the same day reached opposite results.
In South Korea an auction purchaser succeeds to the landlord’s position by operation of law and the former landlord is discharged. A tenant may object within a reasonable period, but the Supreme Court rejected the objection on three grounds.
Under South Korean law a contractor that builds to the design drawings bears no warranty liability, and a 2026 judgment extended that reasoning to negligence in tort.
A South Korean cooperative member is automatically withdrawn on death; the equity refund vests in each heir by statutory share. One heir may claim alone.
Under Korean law a tenant’s holdover possession is lawful until the security deposit is exhausted by accrued rent, after which it becomes a tort. A landlord who cuts utilities or changes the door lock code faces criminal liability and may forfeit rent for that period.