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TITLE : FAQ ON FDI IN KOREA 2023 (Q73~Q75)


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작성일 2023 2023-10-31
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■ FAQ on FDI in Korea 2023 (Q73~Q75)

Real Estate Acquisition

 

Q73 What is the procedure for a foreign investor’s acquisition of real estate in
Korea?

 

A73  When a foreigner acquires real estate, applicable laws andprocedures vary
depending on the purpose of acquisition, residency status, and whether the buyer
is a corporate or an individual.

 

 

 



 * The Act on Report on Real Estate Transactions, etc. stipulates only
   theprocedures for a foreigner to acquire real estate in Korea. When the
   realestate acquisition is for-profit such as property rental, in addition to
   theregistration of real estate acquisition by a foreigner,
   foreign-investedcompany registration through foreign investment notification
   under theForeign Investment Promotion Act is required. If the investor is a
   nonresident under the Foreign Exchange Transactions Act, an
   additionalregistration should follow for the acquisition of the real estate.
 * When a foreign company sets up a branch in Korea, branch
   establishmentnotification under the Foreign Exchange Transactions Act is
   requiredinstead of foreign investment notification under the Foreign
   InvestmentPromotion Act. After registration of a branch, purchase the real
   estateunder the name of the branch.

 

< Foreigners’ real estate acquisition and related Acts >

 

Act on Report on Real Estate Transactions, etc. Foreign Exchange Transactions
Act (Real estate) Foreign Investment Promotion Act Acquirer
 * Foreigner
   * Foreign nationals
   * Foreign corporations
   * Corporations or organizations whose employees and executives with foreign
     nationality account for 50% or more of theorganization
   * Corporations or organizations with 50% or more shares or voting rights held
     by foreigners

(※ Excluding permanent residence card holders)

 * Non-residents

※ Excluding permanent residence card holders

 * Foreigner
   * Foreign nationals
   * Foreign corporations

※ Including permanent residence card holders

Subject Acquisition of real estate Acquisition of rights to land, building and
real estate Registration of a foreign-invested company Reporting authority and
timing
 * Land registration department of the city, provincial, and district offices
   having jurisdiction over the real estate
 * Within 30 days of the date the contract is signed

※ Within 60 days for the acquisition under Article 8 (1), within 6 months under
Article 2

 * Foreign exchange bank’s HQ/branches
 * The Bank of Korea (in case of domestically generated funds)
 * Upon withdrawal of fund for real estate purchase

 * Foreign exchange bank’s HQ/branches, KOTRA
 * Before the investment fund is transferred to Korea

Contents Procedures forforeigners to acquirereal estate in Korea Matters related
to the inflow and outflow of foreign currencies forreal estate purchase in Korea
by foreigners Foreign investment notification procedure, tax reduction &
exemptions, and benefits on state property sales when a foreign-invested company
acquires real estate in Korea

 

 

 

Q74  As a foreigner intending to purchase land in Korea, what should I be most
cautious of when signing the contract?

 

A74 Where parties to a transaction, including a foreigner, etc.*,enter into ① a
real estate sales contract or ② a contract for supply of real estate under the
Housing Site Development Promotion Act or the Housing Act, the y are required to
notify the relevant authority within 30 days of the date of signing the
contract. (Article 3 (1) of the Act on Report on Real EstateTransactions, etc.
If the real estate acquisition is pursuant to Article 8 (1), notification should
be filed within 60 days. If the acquisition is pursuant to Article 8 (2) of the
same Act or Article 5 (2) of the Enforcement Decree of the Act, notification
should be made within six months.)

 

 

 



 * It is necessary to check in advance whether the land is acquirable only by
   reporting or is subject to prior permission for transaction. If a foreigner
   enters into a purchase contract without the transaction permission for the
   property subject to prior approval, the contract shall be nullified, and
   imprisonment or a fine sentence may be imposed, making it challenging to
   acquire the real estate.
 * Land requiring permission for transaction by foreigners (Article 9 of the Act
   on Report on Real Estate Transactions, etc.)
   1. Military bases and installation protection zones defined in subparagraph6
      of Article 2 of the Protection of Military Bases and Installations Act,and
      such other areas as may be especially necessary to limit landacquisition
      by a foreigner, etc. for the purposes of national defense
   2. Designated cultural heritage defined in Article 2 (3) of the Cultural
      HeritageProtection Act, and protective facilities or protection zones
      therefor
   3. Ecological and scenery conservation areas set in subparagraph 12 ofArticle
      2 of the Natural Environment Conservation Act
   4. Special districts for protection of wildlife under Article 27 of
      theWildlife Protection and Management Act
 * Penalty provision: A foreigner, etc. who enters into any land acquisition
   contract without obtaining permission or after obtaining permission by
   illegal means shall be subject to imprisonment with labor for not more than
   two years or by a fine not exceeding KRW 20 million.


* The term "foreigner, etc." means any of the following individuals,
corporations, or organizations:

 1. An individual who is not a national of the Republic of Korea
 2. A corporation or organization incorporated under the statutes of aforeign
    State
 3. A corporation or organization at least a half of whose employees ormembers
    fall under item (1)
 4. A corporation or organization at least a half of whose executiveofficers,
    such as managing general partners or directors, fall underitem (1)
 5. A corporation or organization in which persons falling under item (1)or
    corporations or organizations falling under item (2), hold at leasta half of
    its capital or a half of the voting rights
 6. A foreign State
 7. An international organization prescribed by Presidential Decre

 

 

 

Q75 . If a foreigner signs a contract to acquire real estate in Korea, must
he/she report it?

 

A75  Yes.

 

 

 



 * Parties to a transaction including a foreigner, etc., entering into a
   contractto acquire real estate in Korea shall report to the relevant
   report-receivingauthority within 30 days from the transaction contract date.
   (Article 3 (1)of the Act on Report on Real Estate Transactions, etc.)
 * However, when a foreigner, etc. enters into a contract on acquisition ofany
   real estate under Article 8 (1) of the Act on Report on Real
   EstateTransactions, etc., he/she shall file a report thereon with the
   reportreceiving authority within 60 days from the acquisition date of the
   realestate. If the real estate acquisition is by means of inheritance,
   auction,or any cause other than contracts under Article 2 of the Act on
   Report onReal Estate Transactions or Article 5 (2) of the Enforcement Decree
   ofthe Act on Report on Real Estate Transactions, the report shall be madeto
   the report-receiving authority within six months.
 * If a national of the Republic of Korea who possesses any real estatewithin
   the territory of the Republic of Korea or a corporation ororganization
   incorporated under the statutes of the Republic of Koreabecomes a foreigner,
   etc., and if the relevant foreigner, etc. intends topossess the relevant real
   estate, etc. continuously, the foreigner, etc.shall file a report thereon
   with the report-receiving authority within sixmonths from the date of change
   to a foreigner, etc. as prescribed byPresidential Decree.
 * Penalty for failure to report acquisition
   1. A person who fails to report the real estate transaction under acontract
      shall be punished by an administrative fine not exceedingKRW 5 million,
      and a person who files a false report by anadministrative penalty not
      exceeding 5% of the acquisition value of therelevant real estate, etc.
      (Article 28 (2), 28 (3) of the Act on Report onReal Estate Transactions)
   2. A person (foreigner, etc.) who fails to file a report under Article 8(1)or
      files a false report shall be punished by an administrative fine
      notexceeding KRW 3 million (Article 28 (4) of the Act on Report on
      RealEstate Transactions).
   3. A person (foreigner, etc.) who fails to report a real estate acquisitionby
      means of inheritance, auction, or any cause other than contractsor files a
      false report shall be punished by an administrative fine notexceeding KRW
      1 million (Article 28 (5) of the Act on Report on RealEstate
      Transactions).
   4. A person (foreigner, etc.) who fails to file a report on
      continuouspossession of land or files a false report shall be punished by
      anadministrative fine not exceeding KRW 1 million (Article 28 (5) of
      theAct on Report on Real Estate Transactions).

 


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