MoneyLog｜부동산·경제 인사이트

🇰🇷 한국어

1. 전세사기 이후, 보증보험이 없으면 어떻게 될까?
2. 보증보험이 가입되지 않는 이유
3. 보증보험 미가입 시 세입자의 법적 보호 수단
4. 보증금 반환소송 절차와 주의점
5. 경매 시 우선변제권, 대항력으로 받을 수 있을까?
6. 실제 사례로 보는 보증보험 미가입 대처법
7. 정리 및 실무 팁

🇺🇸 English

1. What Happens If You Don’t Have a Jeonse Deposit Insurance?
2. Why Jeonse Insurance May Not Be Available
3. Legal Remedies for Tenants Without Insurance
4. How to File a Deposit Refund Lawsuit
5. Priority Rights and Tenant Protection in Auctions
6. Case Study: Coping Without Insurance
7. Summary and Practical Tips

“They said I can’t get deposit insurance… then what happens to my money?”
Behind this simple question lies anxiety, fear, and a sense of helplessness.

In recent years, cases of tenants being unable to enroll in Jeonse deposit insurance have skyrocketed, often followed by landlords disappearing or properties being foreclosed.

However, not being insured doesn’t mean you’ve lost your rights. It simply means you need to know exactly what legal steps to take and how realistic your chances are of getting your deposit back.

In this post, we’ll go through three practical steps tenants can take when deposit insurance isn’t available, with real-life examples of how to protect your rights even without coverage.

By the end, you’ll see that not having insurance doesn’t mean it’s over.

Many tenants panic when their insurance application is rejected, but in most cases, it’s not their fault.

Jeonse insurance institutions (HUG, SGI, HF) review three key areas: the contract, the property’s legal status, and the landlord’s financial record. If any one of these fails to meet criteria, the application is denied.

• 1️⃣ Excessive Senior Mortgage: When existing loans exceed the deposit, refund capacity is insufficient.
• 2️⃣ Tax Arrears: Properties with unpaid national or local taxes are at risk of seizure.
• 3️⃣ Illegal Structures: Unauthorized extensions or mismatched property use disqualify eligibility.
• 4️⃣ Landlord’s Default History: Previous guarantee accidents or bad credit records block approval.
• 5️⃣ Contract Irregularities: Joint ownership, corporate landlords, or unclear mandates.

Always request the official rejection notice from the institution— sometimes, a small correction (e.g., mortgage reduction or ownership update) can make reapplication possible.

Even without deposit insurance, tenants are not defenseless. Korean law provides three major safeguards:

• 1️⃣ Opposability (대항력): Acquired when you move in and register your address — allows you to assert your right against new owners or creditors.
• 2️⃣ Priority Right (우선변제권): Granted once you obtain a fixed date stamp, giving you repayment priority in auctions.
• 3️⃣ Provisional Registration (임차권등기명령): A court-issued record that preserves your rights even after moving out.

These three steps act as your “legal shields” when no insurance coverage is available.

If you don’t have deposit insurance, you’ll need to take legal action to recover your money. There are two main options:

• 1️⃣ Payment Order: A fast-track court procedure when the landlord is unreachable or refuses payment.
  Submit your lease, ID copy, resident registration, and fixed date proof to the district court.
• 2️⃣ Deposit Refund Lawsuit: When there’s a dispute (e.g., deduction claims or damages).
  File a civil complaint to the local district court; the process takes about 3–6 months.

During litigation, you can apply for a tenant provisional registration order to maintain your rights even after moving out. Once you win the case, you can request compulsory auction on the landlord’s assets.

Even without insurance, tenants can recover part of their deposit if they have both opposability and a fixed date.

The order of distribution generally follows:

1. 1️⃣ Court and tax expenses
2. 2️⃣ Senior mortgage holders
3. 3️⃣ Tenants with fixed dates (priority right)
4. 4️⃣ General creditors

Under the small tenant protection rule, part of the deposit (e.g., ₩65 million in Seoul for 2025) can be repaid before senior mortgages.

Remember: tenants must file a dividend claim before the court’s deadline to be included in the distribution.

Even if your deposit isn’t insured, it’s not the end. By following proper legal steps, you can often recover part — or even most — of your money.

• Case 1: Denied due to excessive mortgage – Tenant registered address, got a fixed date, and applied for provisional registration. Recovered ₩60M via court distribution.
• Case 2: Illegal building extension – Tenant used content-certified mail, then filed for provisional registration and payment order. Received 80% refund.
• Case 3: Landlord passed away – Tenant sued heirs for deposit refund and recovered 90% through auction.

Key takeaway: Documentation and persistence matter more than insurance.

Not having Jeonse insurance doesn’t mean you’ll lose everything — but quick action and legal awareness are crucial.

• Step 1: Secure opposability and fixed date (address registration + fixed date stamp)
• Step 2: Apply for a provisional registration order to preserve rights after moving out
• Step 3: Proceed with a payment order or deposit refund lawsuit if needed

💡 Bonus tips:
- Always check the court’s dividend deadline if the property goes to auction.
- Use the Legal Aid Corporation (dial 132) for free consultation.
- Send content-certified mail instead of text or chat — it’s legally stronger.

Remember: Insurance is a safety net, but the law is your shield. Know your rights, act early, and stay informed.