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Victims of 'Villa King', without inheritance registration Refund of deposit may be requested

The Supreme Court has simplified the procedure for registering tenancy rights so that tenants can quickly get their deposit back in the event of the death of the landlord, as in the recent "Villa Wang" case.

The Supreme Court announced on the 17th that it had formally implemented the amendment to the "Guidelines for Business Handling in Cases Where an Order for Registration of Lease Rights Cannot Be Serviced" containing these contents from the previous day.

Tenants who are victims of charter fraud can request the Housing and Urban Guarantee Corporation (HUG) to return the rental deposit, which must be completed by applying to the court for an order to register the lease.

The problem is when the landlord dies without inheriting, as in "King Villa". Since there is no landlord who is the subject of the lease registration order, the inheritance procedure must first be carried out.

In order to reduce the time, it takes for this process, the Supreme Court has made it possible for tenants to apply for a lease registration order with the "landlord's heirs" as their counterparty without subrogation inheritance registration in the future. The tenant can apply for an order to register the tenancy right by attaching a written document that can know the fact of death and all heirs, such as the deceased landlord's family relationship certificate.

The steps for the registration of leasehold orders have also been reduced. Until now, the court has repeatedly re-served the landlord's address listed in the lease agreement, such as a certificate of real estate registration, if the order to register the lease is not received (unable to be served) even if the order to register the lease is sent to the landlord's address written down by the tenant.

The amended regulations reduced the original two-time re-service procedure to one, so that if it was found that service was not possible, it could be served immediately (the court has posted the documents on the bulletin board or gazette and deemed them to have been delivered to the parties) or service of delivery (the court considers the documents to have been served by registered mail), depending on the reason.

The Supreme Court said, "We expect that by eliminating the subrogation inheritance registration process, which is costly and time-consuming, and simplifying the process of serving a lease registration order, it will help reduce the burden on victims of charter fraud," and "we will continue to check and improve the system and practices so that we can effectively preserve the lease deposit." [YonhapNews]

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