Carefully fill out the Certificate of Free Residence
A certificate of confirmation of free residence is a document that confirms that you live in your residence for free, not in the form of monthly rent or jeonse, and then destroy it. These documents are often needed to prove that you are the homeless householder when receiving government assistance, or to lower your local health insurance premiums.
The certificate of gratuitous residence requires the address of the mortgaged housing, the period during which the gratuitous resident lived in the real estate for free, the reason for the gratuitous residence, and the identity of the person who provided the gratuitous rental. However, sometimes there are times when you are involved in disputes due to filling out these free residency confirmations. 무상거주사실확인서
-Let’s talk through an example- 좋은뉴스
Mr. B was running a real estate business by renting an office in a shopping mall as a real estate agent. However, after 3 years of renting the mall, I heard from the owner, Mr. C, to request a loan from the bank using the building as collateral.
Based on this, Mr. C borrowed money after setting up a mortgage in the bank, but was unable to repay the money, so the mall was auctioned off. Buyer A, who took over the mall through an auction, insisted that Mr. B leave the office, but Mr. B filed a dispute, saying that he could not leave until he returned the deposit to himself.
In the 1st trial, I raised my hand to Mr. A’s argument, but in the 2nd trial, I raised my hand to Mr. B.
The 2nd trial court will say that after reading the investigation report on the lease relationship, Buyer A recognized the fact that Mr. B’s leasehold, which has opposing power, existed, and then won the auction at the mall and owned the ownership, and Mr. B proceeded with the auction. Even if the fact that the confirmation of free residence was completed before the auction exists, it is difficult to say that it had any influence on the auction price as long as the lease relationship was confirmed during the auction process.
In addition, he explained why he raised his hand, saying that it could not be seen as contrary to the principle of good faith or the principle of estoppel as stipulated by the law.
For reference, the principle of good faith is a principle that requires everyone to act in a way that does not violate the trust of others as members of society. It is a principle that cannot be demanded that appearances do not conform to the facts of a well-intentioned other person.
However, in the end, the court ruled that it was difficult to accept the claim of Mr. B, who filled out the confirmation of free residence. According to the investigation report on the condition of the object prepared by the execution officer and submitted to the auction court during the random auction process for the shopping mall, the court stated that Mr. A written confirmation of free residence written by Mr. B was enclosed, indicating that he had applied for the exclusion of the lessee’s rights.
In addition, if Company A knew that there was a certificate of free residence and believed in the information and calculated the amount of the purchase request, lessee B claimed a lease against Company A’s claim to hand over the real estate and returned his lease deposit. When the court demanded that the delivery and extradition be carried out at the same time, it was determined that it was not appropriate to act against the principles of good faith and estoppel.
-You must carefully research and fill out the confirmation of free residency-
In conclusion, if a real estate agent asks for a confirmation of free residence, it would be better to write it after finding out where the documents you have written will be used and whether they will work against you in the future.
If you fill out the documents recklessly, you may suffer disadvantages as in the case above. Therefore, if you are thinking about it, we recommend that you consult with an attorney knowledgeable in law and precedent.