South Korea Eviction Process: Legal Grounds, Court Procedures, and Enforcement

Evicting a tenant in South Korea requires strict adherence to legal procedures, primarily governed by the Housing Lease Protection Act (effective 5 March 1981) and the Civil Act. Self-help eviction — such as changing locks, removing the tenant's belongings, or cutting off utilities — constitutes a criminal offense (trespass, property damage) and can result in prosecution of the landlord.

Lease Termination Types

1. Expiration of Lease Term

If the landlord fails to provide notice of non-renewal between 6 months and 2 months before expiration (HLPA Art. 6(1)), the lease is tacitly renewed on identical terms for another 2-year term.

2. Mutual Termination

The landlord and tenant may agree to terminate the lease at any time. Written documentation of the agreement is strongly recommended.

3. Statutory Termination

The landlord may unilaterally terminate the lease when specific legal grounds exist.

Legal Grounds for Eviction

Contract Renewal Request Refusal

Even if a tenant exercises their statutory Contract Renewal Request Right, the landlord may refuse if:

• The landlord or their lineal ascendants (parents/grandparents) or lineal descendants (children/grandchildren) intend to personally reside in the unit (HLPA Art. 6-3(1)8)
• The tenant has 2 or more months of rent arrears
• The tenant has sublet without authorization
• The tenant has seriously damaged the property
• The property requires demolition or reconstruction
• Other statutory just-cause grounds exist

Eviction Procedure

Step 1: Send a Certified Notice (Naeyong-jeungmyeong)

Formally notify the tenant of the termination grounds and the request to vacate via certified mail.

• Contents: Termination ground, vacate deadline, deposit return arrangements
• Method: Korea Post certified content letter or electronic certified mail (e-Green Mail)

Step 2: File for Preliminary Injunction Against Possession Transfer

Apply to the court for an order preventing the tenant from transferring possession to a third party during litigation.

• Court: District court with jurisdiction over the property
• Timeline: Approximately 1–2 weeks
• Cost: Filing fee plus security deposit (typically 1–3 months' rent)

Step 3: File an Eviction Lawsuit (Myeongdo Sosong)

File a formal Building Surrender Lawsuit at the competent court.

Step 4: Forced Execution

After a final court judgment, if the tenant does not voluntarily vacate, the landlord may apply for forced execution.

1. Obtain execution clause — attach enforceability to the judgment
2. Apply for forced execution — at the court execution officer's office
3. Execution — the court officer supervises the vacating process, including temporary storage of the tenant's belongings
4. Costs — typically advanced by the landlord, then recoverable from the tenant

Tacit Renewal Rules

When a lease is tacitly renewed:

• The renewed lease term is treated as 2 years
• The tenant may terminate at any time — notice takes effect 3 months after delivery to the landlord (HLPA Art. 6-2)
• The landlord cannot unilaterally terminate without just cause
• All other terms remain identical to the original contract

Deposit and Eviction Relationship

Critical: Under Civil Act Art. 536 and Supreme Court precedents, the tenant's obligation to vacate and the landlord's obligation to return the full security deposit are simultaneous obligations.

• The landlord must return the deposit before or at the same time as demanding the tenant vacate
• Deposit return and property surrender are simultaneous obligations
• An eviction lawsuit filed while the deposit remains unreturned or not deposited with the court may be dismissed

Best Practices for Landlords

1. Maintain accurate rent payment records — document each payment date, amount, and any arrears
2. Always send certified notices — verbal notice alone is insufficient legal proof
3. Never resort to self-help eviction — criminal liability is a real risk
4. Engage specialized legal counsel — eviction lawsuits require professional expertise
5. Consider the Housing Lease Dispute Mediation Committee — free pre-litigation mediation can save time and costs

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