1. Compare Korean attachment-release routes before closing
An old provisional attachment on a property can delay a sale, final payment or mortgage drawdown.
A release deposit may tie up substantial cash, while waiting for a route without new security can miss a contractual target.
This calculator helps owners and family members compare procedural dates, cash preparation and incremental costs under Korean rules.
It uses the 2026 Korean Civil Execution Act and provides conditional planning scenarios, not court approval or a guaranteed registry-release date.
The decision and the next action
Decide which route to discuss first, whether available cash can cover a deposit and whether the closing or loan date needs renegotiation.
Bring the attachment order, registry and case records to the relevant court, adviser and bank to verify standing, evidence and release conditions.
2. What the four routes address
Release deposit
Articles 282 and 299(1) concern the ordered deposit and cancellation of execution.
Releasing execution against the asset is separate from deciding or paying the underlying debt.
Order to sue and missing proof
Article 287 allows the debtor to request an order requiring a merits action and proof, including proof of already pending proceedings.
The comparison assumes the required proof is not submitted in time and a later cancellation application is made.
Three years without an action
Article 288(1)(3) addresses three years after execution without a merits action.
An interested person may also apply, but actual standing and case history still need review.
Court-confirmed cash security
Article 288(1)(2) concerns providing security set by the court.
The tool does not determine the security amount, form or acceptance of insurance; enter only confirmed cash-security conditions.
3. Distinguish execution, comparison start and target dates
The execution date starts the three-year reference period; it is not necessarily the date the attachment order was written.
Check the registry and execution record.
The comparison start is the assumed application or deposit date, and the target is the contractual closing or loan date.
An execution date after the start is rejected.
Dates alone do not establish merits history
Select confirmed absence of a merits action, an action filed, unconfirmed status or a prior judgment, mediation or other matter needing review.
Enter the filing date when an action is selected.
A later filing is not automatically treated as grounds for cancellation merely because a three-year reference date has passed.
Prior enforceable titles, withdrawal, dismissal and renewed proceedings require individual review.
4. What amounts and durations mean
Ordered principal and available cash
Enter the release amount actually specified in the order.
Available cash should reflect money usable before receiving an uncertain sale payment, loan drawdown or deposit refund.
Blank means unconfirmed; enter zero only when zero is the reviewed assumption.
Holding days and processing days
Holding days run until expected recovery of the deposited principal.
Processing days run from application or deposit through actual registry release, including weekends, corrections, service, deferred effect and registration steps.
These are separate user assumptions, not published court averages.
Direct fees and delay exposure
Direct fees combine filing, service, registry and adviser quotes once for each route.
Include the follow-up cancellation in the order-to-sue quote.
The daily contractual-loss input is an assumption for comparison; its calculation does not establish an enforceable penalty or actual damages.
5. How conditional release dates are calculated
Release deposit: start + days through cancellation and registry release.
Order to sue: assumed issuance + service days + court-period days gives an assumed proof endpoint; apply for cancellation the next day, then add cancellation and registry days.
Three-year route: max(start, day after the three-year period ends) + cancellation and registry days.
Cash security: start + days from reviewed security provision through cancellation and registry release.
Article 287 requires a court-set period of at least two weeks.
A court-confirmed proof deadline takes priority over issuance and service assumptions.
Without it, the entered period, including a 14-day example, is an ordinary calendar scenario without automatic holiday adjustment; it is not a confirmed legal filing deadline.
Civil Act Articles 157, 159 and 160 support excluding the initial day, ending the final day and counting calendar years; the following day is displayed as a conservative application-review date, with leap-day anniversaries using the final day of the corresponding month.
Executions before 2005-07-28 are withheld from the three-year comparison because historical transitional periods differ.
6. Principal, immediate cash and funding formulas
Funding cost
Funding interest = principal × annual funding rate ÷ 100 × holding days ÷ 365.
Deposit interest = principal × annual deposit rate ÷ 100 × holding days ÷ 365.
Round each interest amount to KRW, then subtract deposit interest to obtain net funding cost.
A negative difference remains negative; compounding and taxes are excluded.
Cash and comparison costs
Cash needed = principal + direct fees.
Cash shortage = max(0, cash needed − available cash).
Incremental cost before delay = direct fees + net funding cost.
Cost including delay = incremental cost + late days × assumed contractual loss per day.
Principal is not added to incremental cost, but it is part of the cash needed for deposit.
Recovery conditions and timing need separate review.
The cash-security route uses the same reviewed deposit rate and holding days, so use it only when those assumptions are comparable.
Underlying debt repayment, loan-principal repayment, the opportunity cost of the existing property and unrelated attachments are not automatically included.
Missing inputs leave the relevant measures unconfirmed instead of silently treating them as zero.
7. Step-by-step use
- Check execution and merits records, then enter the start, target and applicant status.
- Enter the ordered release amount, available cash, reviewed rates and principal holding days.
- Enter each route’s calendar days through actual registry release and its full direct-fee quote.
- Review service and submission of proof separately; use the court-confirmed endpoint when available.
- Compare the results and save the TXT review report for court, adviser and bank discussions.
The example contains fictional rates, quotes and processing days rather than official values or court averages.
Changing an input hides the previous results until you compare again.
This prevents an old scenario from being mistaken for an updated case estimate.
8. Fictional example: a KRW 50 million release deposit
Assume a start of 2026-10-28, execution on 2023-10-27 and target of 2026-11-20.
The KRW 50,000,000 deposit, KRW 20,000,000 available cash, 6% funding rate, 0.5% deposit rate, 180 holding days and KRW 100,000 daily loss are fictional inputs.
Release deposit: earlier date, larger cash need
Seven processing days and KRW 200,000 direct fees give 2026-11-04.
Funding interest of KRW 1,479,452 less deposit interest of KRW 123,288 gives net funding cost of KRW 1,356,164 and incremental cost of KRW 1,556,164.
Cash needed is KRW 50,200,000, leaving a KRW 30,200,000 shortage.
Order to sue: consider response and delay
Three issuance days, four service days and a 14-day period give an assumed endpoint of 2026-11-18.
Applying the next day and adding ten cancellation days gives 2026-11-29, nine days after the target.
KRW 300,000 direct fees plus KRW 900,000 delay exposure gives KRW 1,200,000 comparison cost, but timely proof prevents this missing-proof scenario from producing release.
Three years and reviewed cash security
The three-year period ends on 2026-10-27; the review date is 2026-10-28.
Fourteen processing days and KRW 250,000 fees give 2026-11-11 under the no-action assumption.
Confirmed cash security of KRW 10,000,000, fourteen days and KRW 400,000 fees give KRW 10,400,000 cash needed, KRW 271,232 net funding cost and KRW 671,232 incremental cost.
The security figures are withheld until court conditions are confirmed.
9. Interpret the comparison in a transaction
For an owner selling property
An apparently timely release deposit can still be impractical if cash is insufficient.
Use the estimated date and shortage together when discussing closing changes, court-set security and alternative procedural steps.
For family members and buyers
Check standing first and distinguish the deposited principal from the cost.
Do not fix a closing date solely on the assumption that the creditor will omit proof; review a fallback deposit or confirmed-security scenario as well.
A conditional label does not confirm court approval or the case facts.
Release on the exact target date counts as zero days late in the arithmetic, but bank cutoff times or registry sequencing may still prevent closing.
Each card is an alternative from the same start; if switching to a deposit after waiting for an order, recalculate from the planned switch date and separately add order fees already spent.
If timely proof prevents missing-proof cancellation, the resulting release date and loss remain unconfirmed.
The tool does not automatically recommend the cheapest route because legal conditions and creditor responses differ.
10. Limits and checks before applying
- Under Civil Execution Act Article 283(3), an objection alone does not stay execution.
- Review deferred effect and immediate appeal under Article 286, the cross-reference in Article 288 and follow-up execution-cancellation steps under Article 299.
- The tool does not decide merits success, changed circumstances, security form or amount, or an interested person’s standing.
- Competing attachments, other registry restrictions, corrections, failed service, interest tax, insurance premiums and individual holiday-adjusted deadlines are not automated.
- Starts before 2026-02-01 are outside the verified Civil Execution Act window and are withheld; future plans require renewed law checks.
11. Frequently asked questions
Does a release deposit remove an attachment on the same day?
Cancellation of execution, the registry update and bank processing must still be checked; your processing-day assumption must cover these steps.
Is the release amount always identical to the creditor’s claim?
Enter the amount specified in the attachment order under Article 282; this tool does not substitute a percentage of the claim.
Does filing a merits action alone defeat the order-to-sue route?
Article 287 requires proof within the court-set period, so review both the action or existing proceedings and submission of proof; timely proof excludes the missing-proof cancellation route.
Does the registry clear automatically after three years?
No; review the absence of an action and any prior enforcement title, then apply for cancellation, using the displayed next-day review date only as a planning reference.
Can a buyer use every route?
Article 288(1)(3) also permits an interested person to apply, subject to actual standing; other debtor-based routes are withheld when the applicant is entered as an interested person.
Can guarantee insurance replace a release deposit?
Insurance substitution is not assumed; court-set security cancellation is distinct from the ordered release deposit, and this comparison accepts only reviewed cash security.
Will the deposited principal return on the release date?
Registry release and deposit recovery are separate, so enter reviewed holding days until principal recovery; interest is a pre-tax ACT/365 assumption.
Should I select the route with the lowest comparison cost?
Review legal conditions, conditional timing, cash shortage, creditor response and missing quotes together before confirming the procedure and closing date with the court and bank.
12. Official evidence, verification date and next steps
The National Law Information OPEN API was checked on 2026-10-28 for current Civil Execution Act ID009290, MST268837, Act No. 20733, promulgated 2025-01-31 and effective 2026-02-01: Articles 282, 283, 286, 287, 288 and 299.
Civil Act ID001706, MST284415, promulgated and effective 2026-03-17, Articles 157, 159 and 160 were also checked for period counting.
Deposit rates, fees and court processing durations remain user-verified inputs; no official numeric defaults are invented.
Verify the real schedule with the case records
Take the comparison and TXT report to the attachment or execution court, adviser and transaction bank.
For application costs, see the provisional attachment cost calculator; for deposit types, see the court deposit calculator.
Agree the final closing date and release terms after checking actual case progress.