Compare preparation for a Korean building-return deed and pre-action settlement
When a Korean lease approaches its end, parties need to consider both the return obligation and the procedure for recording their agreement.
This calculator brings the intended return date, consent, representation and actual preparation quotes together.
It uses Korean rules checked in 2026 and amounts in Korean won, not the law or court fees of another jurisdiction.
It does not decide whether a notary will accept a deed or a court will record a settlement.
Use the result to ask concrete questions
Give the notary or legal adviser the proposed dates, unresolved conditions and missing quote items.
Before choosing a procedure on price, confirm that it fits the actual case and identify the remaining steps.
A tenant can also use the checklist to review the agreement concerning money payable to them alongside the building-return terms.
Separate the reference date, return date and reason the lease ends
Reference date and intended return
The reference date is the day on which preparation is assessed.
The intended return date is the date on which the parties expect the leased building to be delivered or returned.
A moving reservation or stated lease expiry is not necessarily the legally effective return date.
Check renewal, delivery of notices, agreed conditions and any dispute before relying on the date.
Reason for termination
Distinguish expiry, termination by agreement, termination for breach and unknown circumstances.
Breach cases may require separate review of the right to terminate, a demand, notice and legal effect.
Entering a date does not establish valid termination, and the calculator does not determine renewal rights.
If entering a deed date, distinguish an actual execution date from a planned date.
An entry does not prove the deed has been executed.
When no date is known, leave it blank rather than creating a fictional elapsed period.
That missing information can become a specific question for the notary.
The six-month rule is shown as a calendar reference
Notary Public Act Article 56-3(1) requires the relevant deed for a leased building to be executed within six months before delivery or return.
The tool shows a calendar date six months before the intended return and the day before return.
Do not replace six calendar months with 180 days or treat these dates as a definitive legally permitted execution window in every case.
Review month-end boundaries separately
Civil Act Articles 157, 159 and 160 govern issues including the initial day and calendar-based periods.
If the return date or reference date is a month end, or a missing day requires calendar adjustment, ask the notary to confirm the actual permitted execution date.
The tool does not automatically move dates for holidays.
The return date itself and dates already past are not displayed as a pre-return preparation period.
This does not mean execution is categorically prohibited on the return date itself: the actual time and whether delivery or return has occurred require individual confirmation.
For an intended return on 2026-12-15, the six-month calendar reference is 2026-06-15 and the day before return is 2026-12-14.
A reference date of 2026-11-13 falls inside that calendar range, but consent, representation, applicable law and actual acceptability still require review.
The deed’s six-month restriction is not automatically applied to a pre-action court settlement.
Check return terms, enforcement consent and representation
Return obligation and the tenant’s enforcement consent
Confirm which building must be returned, when and under what conditions.
Authentication of signatures on an ordinary lease is different from execution of an enforceable deed concerning delivery of a building.
Review the actual language consenting to compulsory execution for delivery or return.
Consent concerning money payable to the tenant
Article 56-3(1) requires an agreement consenting to compulsory execution concerning payment of money to the tenant.
Confirming only the tenant’s return obligation does not establish this separate requirement.
Ask the notary to review the money and payment conditions covered by the actual agreement, including relevant deposit settlement terms.
If the agreement is absent or unverified, leave that condition as no or unknown.
No representation of the opposing party or common representative
Article 56-3(2) restricts requests made by a party acting for the opposing party, or by the same representative acting for both parties.
Check whether each party acts personally or uses a different representative, and verify each authority.
Do not reinterpret this provision as a universal requirement to hire a lawyer.
A no answer identifies an obstacle to resolve, while an unknown answer calls for further checking.
Even when every answer is yes, the result only records that the user-entered consultation conditions are marked as checked.
It is not automatic acceptance by a notary or confirmation of legal validity.
One month after execution and judicial permission are separate requirements
Execute deed → review elapsed time → review permission, execution clause and remaining steps
Under Notary Public Act Article 56-4(1), an execution clause for a deed concerning delivery or return of a building or land cannot be granted before one month has passed after execution of the deed.
Article 56-3(4) also requires permission from a single judge of the competent district court.
Passing the calendar reference one month after the entered date does not itself issue an execution clause or secure immediate possession.
Actual enforcement requires review of the instrument, performance date, satisfaction of conditions, service, execution clause and other case-specific requirements.
Service under Notary Public Act Article 56-5 is a separate matter, so the one-month calendar reference is not an actual enforcement date.
No result authorizes a landlord to change locks or remove a tenant’s belongings personally.
If execution is planned shortly before return, review both deed timing and the execution-clause restriction with the notary, court or adviser.
An agreement to apply is different from a recorded court settlement
Korean pre-action settlement follows Civil Procedure Act Article 385 and the provisions that follow it.
Spending money on an application or agreeing to a draft does not mean a settlement record has already been made.
Distinguish settlement under Article 386, failure to settle under Article 387, and the effect of the record under Article 220.
Questions for the court and adviser
- Which court is competent, how should the parties and building be identified, and what attachments are required?
- How should return and payment conditions be expressed, and how will the parties attend or be represented?
- What actual filing, service and professional amounts are payable, and which work does each quote cover?
- What additional charges or next steps could arise if agreement fails or a hearing date changes?
Civil Procedure Act Article 385(2) prohibits delegating authority to appoint a representative to the opposing party, and the court may order the parties to attend personally.
Do not assume that a power of attorney or hiring a professional always removes the need for personal attendance.
The calculator does not predict a hearing date, processing duration, probability of settlement or validity of a particular clause.
The procedures may concern similar obligations but have different execution and recording processes.
A lower preparation quote is not a finding that one procedure is legally preferable.
Reconcile four quote categories and the included work
Notarial or court charges
Enter the amount actually quoted for the deed or the relevant court filing items.
The tool does not invent a claim valuation or automatically estimate notarial fees, filing fees or current service charges.
Check the institution’s payment notice and the quote’s stated basis.
Professional fees
Confirm whether advice, drafting, filing representation and attendance are included.
Do not count work twice when a bundled quote already covers it.
For taxable items, enter the actual final burden including applicable VAT and other taxes.
Service and documents
Enter confirmed charges for service, certified copies and other documents.
Do not turn an unknown repeat-service or additional-copy charge into zero.
If an item is confirmed unnecessary, an explicitly checked zero is valid.
Other expenses and scope review
Separate actual additional preparation expenses such as quoted travel costs.
Check all four categories and separately confirm whether the two procedures cover comparable preparation work.
Deposit principal returned to the tenant, rent, damages and actual delivery-enforcement costs are excluded from this comparison.
The confirmed subtotal includes only items with an entered amount that are marked as checked.
A complete total requires all four amounts, their confirmation and review of the included scope.
A partial subtotal must not be mistaken for a complete quote.
Both complete totals and comparable-scope confirmation are required before a cost difference is shown.
Check the prescribed fees and statement of calculation under Notary Fee Rules Articles 2, 5 and 36.
The comparison reconciles actual burdens and omitted work for the same preparation scope; it does not propose discretionary discounts to statutory notarial fees.
Read the payment schedule and cash gap separately
Total cost does not describe when cash is needed
Amounts due on the same date are combined and accumulated in date order to show the preparation cash required at each point.
A missing payment date prevents a complete schedule even if the cost total is known.
Review planned payments through the reference date separately from later plans.
An entered date is a payment plan, not proof of actual payment.
Preparation total per procedure = sum of the four checked categories
Cash gap = max(0, preparation total − available preparation cash)
The deed and settlement are alternatives, so their totals are not added together.
If available cash is blank, the gap remains unknown.
Do not reuse money already reserved for returning the tenant’s deposit as if it were also available for procedure preparation.
Fictional example: KRW 500,000 versus KRW 700,000
Assume a reference date of 2026-11-13 and intended return on 2026-12-15.
These are fictional quotes for explaining the calculations, not statutory charges, nationwide averages or actual provider prices.
A complete difference assumes that all amounts and the comparable preparation scope have been checked.
Fictional preparation costs and cash gaps for a Korean building-return deed and pre-action settlement| Item | Deed · KRW | Settlement · KRW |
|---|
| Notarial or court charges | 150,000 | 50,000 |
| Professional fees | 300,000 | 600,000 |
| Service and documents | 30,000 | 50,000 |
| Other expenses | 20,000 | 0 |
| Preparation total | 500,000 | 700,000 |
| Available preparation cash | 400,000 | 400,000 |
| Cash gap | 100,000 | 300,000 |
The checked difference is KRW 200,000.
If the deed plan requires KRW 450,000 on 2026-11-20 and KRW 50,000 on 2026-12-01, cumulative cash needs are KRW 450,000 and KRW 500,000 respectively.
With only KRW 400,000 available, an additional KRW 50,000 is needed by the first payment and KRW 100,000 in total.
Separately verify that this schedule fits actual deed execution, settlement recording and any later enforcement steps.
How to prepare the written quotes and checklist
- Identify the return basis. Check the lease, renewal or termination notices and agreed conditions to establish the intended return date and reason the lease ends.
- Review conditions for each procedure. Include enforcement consent for money payable to the tenant and the representation structure; keep unknown facts marked as unknown.
- Obtain comparable written quotes. Request amounts for all four categories, included work, taxes, possible extra charges and payment dates.
- Review timing alongside cash. Read the calendar references and unresolved conditions, then check the first payment date as well as the full total.
- Reconfirm with the report. Preserve entered facts and missing items when copying the result, and ask the notary or adviser to confirm execution timing and necessary steps.
When return is still far away
An assessment earlier than the deed’s calendar reference window is not an instruction to execute immediately.
Use the checklist to ask about settlement consent, jurisdiction and charges while checking the actual deed execution timing with the notary.
When return or settlement money is disputed
Do not switch unagreed conditions to yes simply to compare prices.
Review valid termination, the return obligation and settlement terms first.
Litigation and actual delivery-enforcement costs require a separate budget and case-specific advice.
Frequently asked questions
Does notarization mean the building can be recovered immediately?
No.
Review the one-month restriction after execution, judicial permission for an execution clause and all remaining enforcement requirements.
No result authorizes immediate eviction or self-help.
Is the six-month reference a definitive permitted execution date?
No.
It is a calendar preparation reference; month-end period rules, the actual return obligation and applicable law need individual checking.
Do not substitute 180 days.
Must the agreement also cover money payable to the tenant?
For a leased building, Article 56-3(1) requires an agreement consenting to compulsory execution concerning payment of money to the tenant.
Ask the notary to review the actual settlement terms rather than assuming the return obligation alone is sufficient.
Can one representative act for both landlord and tenant?
Article 56-3(2) restricts requests through representation of the opposing party or the same representative acting for both sides.
Review the actual authority structure.
This is not a universal obligation to hire a lawyer.
Should an unknown quote amount be entered as zero?
No.
Blank means unknown, while zero is an explicitly entered amount.
Keep partial confirmed subtotals separate from complete totals and request the missing quote items.
Why is no quote difference displayed?
Both complete totals require four amounts, their confirmation and scope review, plus confirmation of comparable preparation scope.
A partial subtotal is not enough to determine the less expensive complete option.
Does agreeing to apply guarantee a court settlement?
No.
Consent to apply and agreement on draft clauses are different from an actual settlement recorded by the court.
Confirm hearings, attendance, representation and the content of the record with the court or adviser.
Are deposit principal and delivery-enforcement costs included?
This compares preparation of the instrument or settlement.
Deposit principal, rent, damages and actual compulsory delivery-enforcement costs are excluded and need a separate funding plan.
Separate any bundled amounts to avoid counting them twice.
Official sources and verification date
The calculation concerns Korean 2026 rules checked through the official National Law Information OPEN API on 2026-11-13.
Notary Public Act ID001275/MST290661 and Civil Procedure Act ID001700/MST290113 are effective 2026-10-02.
Civil Act ID001706/MST284415 is effective 2026-03-17, and Civil Execution Act ID009290/MST268837 is effective 2026-02-01.
Notary Fee Rules ID006364/MST102646, effective 2010-02-07, were also checked.
Recheck later amendments, the law applicable on the execution date, month-end boundaries and the actual instrument.
Prepare the questions alongside the cost comparison
Enter the actual intended return, consent status and written quotes above, then resolve the missing items first.
Use the general notarial-fee tool to explore its separate fee assumptions, or the delivery-lawsuit tool for a disputed case.
Check the scope of each tool before combining any figures.