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Latest Trends in Real Estate Laws and Regulations

2025.11.06

Please find below the latest trends in real estate transactions and investments in October 2025 for your reference.
 

1.

Legislative/Policy Trends
 

(1)

Announcement of “Housing Market Stabilization Measures” to Relieve Instability in the Market

Following a real estate-related ministries’ meeting held on October 15, 2025, the ministries announced on the same day the “Housing Market Stabilization Measures” to avert instability and overheating in the housing market at an early stage. The key details are as follows:
 

  • New Designation of Areas subject to Adjustment, Speculative Overheating Zones, and Land Transaction Approval Zones: In addition to the previously designated four autonomous districts, the entire 21 autonomous districts in Seoul and 12 areas in Gyeonggi-do were newly designated as areas subject to adjustment, speculative overheating zones, and land transaction approval zones. However, land transaction approvals may be granted for apartments and multi-family houses (excluding quasi-houses such as officetels).

  • Strengthening of Regulations on Mortgage Loans: The limit on mortgage loans for houses in the Seoul metropolitan area and regulated areas is limited to KRW 600/400/200 million depending on the market price, and the stress rate on mortgage loans has also been raised from 1.5% to 3%.

  • Strengthening of Response System to Establish Real Estate Transaction Order: The Ministry of Land, Infrastructure and Transport (“MOLIT”), the Financial Services Commission (“FSC”), the National Tax Service (“NTS”), and the National Police Agency (“NPA”) will join forces to crack down on illegal real estate transactions. Also, a separate agency to oversee illegal real estate activities will be established under the Prime Minister’s office with mandates to carry out direct investigations.
     

Following the housing market regulations announced on September 7 and the stabilization measures announced this time, close attention to the government’s future policy direction and any subsequent actions would be necessary.
 

(2)

Legislative Notice of Proposed Partial Amendment to the Enforcement Decree and Enforcement Regulations of the Act on Report on Real Estate Transactions, Etc.

Pursuant to the MOLIT Notification Nos. 2025-1208 and 2025-1209 dated October 14, 2025, a proposed partial amendment to the Enforcement Decree and the Enforcement Regulations of the Act on Report on Real Estate Transactions, Etc. (the “Proposed Amendment”) was pre-announced. The Proposed Amendments mainly covers expanding the obligation to submit a financing plan and evidentiary materials for housing transactions in land transaction approval zones and broadening the reporting requirements for transactions involving foreign buyers. It is still at the legislative notice stage and has not been finalized yet, but as it supplements the legal basis for land transaction permits and reporting procedures, it warrants a closer review. Key details of the Proposed Amendment are as follows:
 

  • Expansion of the Obligation to Submit a Financing Plan and Evidentiary Materials: Previously, it was not required to submit a financing plan and evidentiary materials for transacting housing in a land transaction approval zone. However, the Proposed Amendment imposes an obligation on applicants to submit such documents, while further specifying the reporting requirements, breaking down loan types and equity fund item into to several specific categories through revision of relevant forms.

  • Expansion of Reporting Requirements for Real Estate Transactions: Although taxation for foreigners varies depending on their status of stay and whether they have an address or residence in Korea, these details were not previously required in the reporting process. However, the Proposed Amendment now requires foreign buyers to report their residency status and whether they have an address or place of residence in Korea.

  • Expansion of Document Requirements for Practicing Licensed Real Estate Agents: Previously, licensed real estate agents were not required to attach contracts or proof of earnest money when reporting real estate transactions. However, the Proposed Amendment mandates that licensed real estate agents must attach a copy of the contract or a receipt when filing a real estate transaction report.
     

(3)

Announcement of Various Follow-Up Measures in Accordance with the “Housing Supply Expansion Plan,” including Revitalization of Housing Maintenance Projects

As a follow-up measure to the “Housing Supply Expansion Plan,” which aims to expand housing supply in the Seoul Metropolitan Area, the MOLIT announced various measures to revitalize public housing and housing maintenance projects in urban areas. The key details are as follows:
 

  • Expansion of Fund Support to Promote Improvement Projects: In a press release dated October 20, 2025, the MOLIT announced (i) the expansion of loan support by raising the loan limit to up to KRW 6 billion and lowering the interest rate to 2.2% for housing improvement project associations and promotion committees that are struggling to raise funds in the early stages of their projects, and (ii) in order to enhance incentives for supplying rental housing through roadside or autonomous housing improvement projects, the establishment of a special provision that increases the loan limit to up to 60% of the total project cost if between 10% and 20% of the households are designated as rental housing.

  • Proposed Amendment to the Enforcement Decree and Enforcement Regulations of the Small-Scale Housing Improvement Act: The MOLIT issued a 40-day pre-announcement (from October 22 to December 1, 2025) of a proposed amendment to the Enforcement Decree and Enforcement Regulations of the Act on Special Cases Concerning the Improvement of Unoccupied Houses and Small-Scale Housing (the “Small-Scale Housing Improvement Act”), which mainly focuses on (i) relaxing the standards for roadside housing improvement projects, and (ii) relaxing the requirements for trust business entities to be designated as small-scale housing improvement project owners.

  • Expansion of Incentives for Urban Public Housing Complex Projects: On October 21, 2025, the MOLIT announced its plans for Public Housing Complex Project Season 2. Specifically, the ministry aims to (i) expand the floor area ratio incentives, which has been only allowed in quasi-residential areas, to all residential areas, (ii) improve the feasibility of projects by applying relaxed standards for securing green areas in parks and height of buildings, and (iii) expedite project developments by improving the procedures at each stage of implementation.
     

The improvement of financial support conditions for housing improvement projects through the above series of measures is expected to accelerate the pace of projects by reducing financial costs and improving business feasibility. Furthermore, the revitalization of public housing projects is expected to improve the old residential environment and promote housing supply in urban areas.
 

2.

Latest Key Court Precedents
 

(1)

The Supreme Court’s Decision Recognizing the Put Option for Shareholders Who Disagree with Disposal of Business Assets

The Supreme Court, in its ruling No. 2019Da236385 rendered on October 16, 2025, held that with respect to the disposal of business assets, if such disposal results in the transfer or abolition of all or part of the company’s business, (i) a special resolution at a shareholders’ meeting is required, and (ii) shareholders who oppose the resolution regarding the disposal of such business assets may also exercise a put option.

It is an established court precedent that a shareholders’ meeting resolution is necessary for the disposal of business assets, which is interpreted as the transfer of all or part of the business; however, this recent ruling goes further by explicitly recognizing, for the first time, that dissenting shareholders may exercise their put option under Article 374-2 of the Korean Commercial Code.

Furthermore, the Supreme Court found that the directors had no justifiable reason to refuse a shareholder’s proposal to include the ratification of the disposal of business assets—which was invalid for lacking a proper shareholders’ resolution—on the agenda of the shareholders’ meeting to retroactively approve. As a result, the Supreme Court found that the plaintiffs, who were the shareholders suffered monetary damages equivalent to the share purchase price they could have earned through the exercise of put option had the ratification resolution been passed. This ruling is also significant in that it recognized the liability for damages on the part of the directors and the corporation for unjustifiably rejecting the shareholder proposal.

Going forward, when major business assets become the subject of real estate transactions, it will be necessary to consider the procedural aspects clarified by this Supreme Court ruling.

 

[Korean Version]

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