"Active Consideration Needed for Postponement Requests of Jeonse Fraud Victims' Sale Dates"… Supreme Court Seminar

Regular Seminar for Judicial Assistants Held on the 27th
Discussion on Relief Measures for Tenants Victimized by Jeonse Fraud

The Supreme Court recently held a seminar to protect tenants who have fallen victim to serious social issues such as jeonse fraud, discussing practical measures including 'postponement of auction dates.'

On the 28th, the Supreme Court announced that it held a regular seminar for judicial assistants the previous day, conducting in-depth discussions on topics such as 'Appropriate Operation Measures for Real Estate Auction Practices to Protect Tenants Victimized by Jeonse Fraud.'

Supreme Court, Seocho-dong, Seoul.

Judicial assistants are court officials who play the role of judges in civil enforcement procedures such as auctions. The Supreme Court holds regular seminars for judicial assistants every year to discuss issues and matters requiring uniformity in various tasks and has utilized the outcomes in practical work.

Considering the recent surge in cases where tenants have been unable to recover their rental deposits due to jeonse fraud and non-returned deposit houses (commonly known as "Kkangtong Jeonse" houses), the Supreme Court set the theme of this regular seminar accordingly.

About 150 judicial assistants from courts nationwide participated in this regular seminar, including those attending via video conference.

In his opening remarks, Kim Sang-hwan, Director of the Court Administration Office, urged that this be a valuable opportunity to actively communicate and share wisdom regarding various problems and improvement measures felt by judicial assistants in the field, thereby finding rational solutions such as effective ways to protect tenants victimized by jeonse fraud.

During the seminar, discussions were held on ▲whether to postpone auction dates requested by tenants or creditors who are victims of jeonse fraud ▲appropriate postponement periods and adjustment of the number of postponements in cases where auction dates are postponed, focusing on the proper operation of real estate enforcement practices related to jeonse fraud cases.

Additionally, ▲regarding the recent amendment to Article 3-3, Paragraph 3 of the Housing Lease Protection Act (effective from October 19), which allows the execution of tenant registration orders even before the order is served to the landlord, discussions were held on follow-up measures such as revising related regulations in preparation for the enforcement of the amended law and practical operation methods consistent with the purpose of the legal amendment.

Specifically, opinions were presented such as ▲the need for active consideration of postponement requests for auction dates not only by creditors but also by tenants victimized by jeonse fraud, provided there is no objection from creditors ▲flexible consideration of postponement periods and the number of postponements, including options such as postponing once for three months twice or postponing once for two months up to three times, allowing a maximum postponement of six months ▲due to the amendment of the Housing Lease Protection Act allowing tenant registration orders to be requested before serving the landlord, the 'Regulations on Lease Registration Order Procedures' are being revised, and there is a need to establish practical procedures for promptly requesting tenant registration orders after the decision, followed by active discussions among judicial assistants.

Earlier this year, the Supreme Court implemented improvement measures to strengthen the protection of rights for tenants victimized by jeonse fraud, including ▲allowing tenants to register housing lease rights under tenant registration orders even if they have not completed subrogation inheritance registration and ▲simplifying the service procedures for tenant registration orders, thereby reducing the burden on tenants victimized by jeonse fraud and enabling them to quickly recover their rental deposits.

A Supreme Court official stated, "We hope that this regular seminar for judicial assistants will lead to more active discussions among judicial assistants responsible for real estate auction practices on effective ways to protect tenants victimized by the socially problematic issue of jeonse fraud, and that the results of these discussions will be reflected in auction practices, contributing somewhat to the recovery of tenant damages and the stabilization of their housing life."

He added, "The Supreme Court will continue to make every effort to strengthen the protection of tenant rights."

This content was produced with the assistance of AI translation services.