Daejeon and Chungnam Implement Special Act Allowing Registration of Real Estate Without Ownership Transfer
[Asia Economy (Daejeon) Reporter Jeong Il-woong] A temporary enforcement of the "Special Act on Real Estate Ownership Transfer Registration (hereinafter referred to as the Special Act)" will take place in Daejeon and Chungnam. The purpose of the Special Act is to allow the actual real estate rights holders, who face restrictions in exercising property rights due to unregistered or inconsistent rights relations, to reclaim their rights through a simplified procedure.
According to Daejeon City and Chungnam Province on the 3rd, the Special Act will be temporarily enforced for two years starting from the 5th of this month.
The applicable targets are farmland and forest land registered in the land (forest) register as of the enforcement date of the Special Act, limited to real estate that was effectively transferred or inherited through legal acts such as sale, gift, or exchange before June 30, 1955, and real estate without ownership preservation registration.
In the case of Daejeon, farmland and forest land located in 81 neighborhoods of the former Daedeok-gun area incorporated at the time of promotion to a directly governed city on January 1, 1989 (25 neighborhoods in Dong-gu, 7 in Jung-gu, 11 in Seo-gu, 12 in Yuseong-gu, and 16 in Daedeok-gu) are included in the scope of the Special Act. However, buildings in the same area are excluded from the application.
In Chungnam, all land and buildings in the eup and myeon areas of the 15 cities and counties within the province, and farmland and forest land only in the dong (neighborhood) areas of the cities are subject to the Special Act, while the dong areas under the jurisdiction of Cheonan City are excluded.
To receive the application of the Special Act, the applicant must attach a guarantee letter confirmed by five or more guarantors appointed by the district office head or the mayor of the city, district, eup, or myeon where the real estate is located (including at least one appointed lawyer or judicial scrivener), apply for a confirmation certificate at the relevant city, county, or district office, and then apply for the Special Act at the relevant registry office with the issued confirmation certificate.
Upon receipt of the applicant’s application, the relevant city, county, or district will conduct an on-site investigation to verify the purpose of the guarantee and the facts, announce the results for two months, and notify interested parties.
If there are no objections or if objections are dismissed during this period, the city, county, or district will issue a confirmation certificate to the applicant. When the applicant submits the confirmation certificate to the registry office and applies for ownership transfer or preservation registration, the registration procedure will be completed.
Previously, Daejeon and Chungnam resolved inconveniences related to exercising real estate property rights through three rounds of Special Act enforcement before this year. The years of enforcement were confirmed as 1977, 1993, and 2006 for Daejeon, and 1978, 1993, and 2006 for Chungnam.
In Chungnam, during the 2006 enforcement of the Special Act, 92,805 applications for Special Act application were received, and 83,640 confirmation certificates were issued.
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Seo Un-seok, head of the Land Management Division of Chungnam Province, said, “Daejeon and Chungnam will temporarily re-enforce the Special Act after about ten years,” adding, “We will do our best to ensure that the Special Act can serve as a device to protect actual real estate owners who cannot exercise property rights due to failure to register ownership transfer.”
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