Busan real estate disputes start with deciding what you need back

The original contract and special terms, payment records, texts and certified letters exchanged with the other side, and a freshly issued certificate of all registered matters. For leases, the move-in or business registration date and the fixed date stamp decide the issues; for sales, the dates of the down payment, interim payment, and balance do, so documents showing dates come first. A busan real estate lawyer uses these to decide first whether to claim registration, the building, or money.

Either place works. A suit concerning real estate can be filed with the court where the property is located (Civil Procedure Act, Article 20), which for Gijang-gun is the Busan District Court East Branch, and it can also be filed with the court for the other party's address (the same Act, Articles 2 and 3). Considering witnesses and site inspection, the court where the property sits is usually chosen.

Provisional attachment freezes the other party's assets to secure a money claim; a provisional injunction keeps the object of the dispute, such as registration or possession, from changing, or sets a temporary status (Civil Execution Act, Articles 276 and 300). It is not mandatory, but if the property is sold or the occupant changes during the suit, the judgment can become hard to enforce, so we consider it first in deposit, eviction, and registration cases.

During the lease term, or when the lease is renewed because the tenant exercised the right to request renewal, the landlord's increase may not exceed one twentieth of the agreed rent or deposit, and no new increase may be claimed within 1 year of the contract or the last increase (Housing Lease Protection Act, Article 7 and Article 6-3(3)). A fresh agreement made without using the renewal right may not be bound by this cap, so we first sort out which kind of renewal it is.

Yes. A licensed agent must explain the condition, location, rights, and use restrictions of the property sincerely and accurately with supporting documents and must hand over a confirmation and explanation form (Licensed Real Estate Agents Act, Article 25), and is liable for property damage caused to the parties intentionally or negligently (the same Act, Article 30). Agents carry surety insurance or mutual aid coverage, so you can also claim within that coverage amount.

The tenant may request renewal from 6 months to 1 month before expiry, and the landlord cannot refuse without a statutory reason such as 3 periods of unpaid rent (Commercial Building Lease Protection Act, Article 10(1)). The renewal right can be exercised within a total of 10 years including the first contract (the same Article, paragraph 2), and the request must arrive within the period, so send it by text or certified letter.