Guide to the Effects and Distribution of Provisional Attachment of Real Estate

Based on 16 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

Provisional attachment of real estate restricts the debtor’s power to dispose of the property, and dispositions made after the attachment have limited effect in relation to the provisional-attachment creditor. However, the distribution or enforcement outcome may vary depending on the amount of the claim covered by the attachment, the timing of enforcement, and the condition of the property.

Parties → Debtor → Provisional-attachment creditor → Third-party buyer or auction creditor → Real estate is provisionally attached and enforcement or distribution is being considered → Was ownership transferred after the attachment? → Was the attachment registered before the first auction order? → Was the attached land expropriated? → Yes → The transfer is not wholly invalid The attachment protects the creditor against the transfer Recovery is generally capped at the claim in the order → No → Yes — Civil Execution Act Articles 88(1) and 148 → The creditor is included for distribution without a request, though the amount may be deposited → No — Civil Execution Act Article 88(1) → Yes — Act on Acquisition and Compensation for Land Article 45(1) → Check the claim amount stated in the attachment order → Amounts beyond the order claim, including excess interest and costs, are not covered → C…

Key points

Even after provisional attachment of real estate has been enforced, the debtor may use, manage, and receive income from the property; what is restricted is the debtor’s power to dispose of it (Civil Execution Act, Article 291 and Article 83(2) (민사집행법 제291조, 제83조 제2항)).
Even if real estate is transferred to a third party after provisional attachment, the transfer is not thereby rendered invalid in every respect; the prohibition on disposition resulting from the attachment operates in relation to the provisional-attachment creditor (Cases 2 and 10; Supreme Court Decision of June 9, 1987, 86다카2570).
If ownership is transferred to a third party after provisional attachment, the amount the provisional-attachment creditor may receive from the sale proceeds is, in principle, limited to the amount of the claim stated in the provisional-attachment order. Interest and litigation costs exceeding that amount are not covered by the prohibition on disposition (Cases 2 and 10; Supreme Court Decision of November 10, 1998, 98다43441).
A provisional-attachment creditor whose attachment was registered before registration of the first order commencing auction proceedings is included among the creditors entitled to a distribution even without a request for one, and the distribution amount may be deposited. A provisional-attachment creditor whose attachment was registered afterward must request a distribution (Civil Execution Act, Article 88(1), Article 148, Article 160(1)(2), and Article 161(1) (민사집행법 제88조 제1항, 제148조, 제160조 제1항 제2호, 제161조 제1항)).
If land subject to provisional attachment is expropriated, the effect of the attachment on the land ends and does not automatically extend to the expropriation compensation. A separate application for provisional attachment of the claim for compensation is required (Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 45(1) (공익사업을 위한 토지 등의 취득 및 보상에 관한 법률 제45조 제1항); Supreme Court Decision of September 10, 2009, 2006다61536, 61543).
An unregistered building may also be subject to a preservative measure if it is owned by the debtor, has the substance and appearance of a building, and its lot number, structure, and area are recognized as being essentially the same, according to generally accepted social norms, as those in the building permit or notification. The case explains that an unauthorized building for which the lawful building permit or notification requirements have not been completed cannot be subject to provisional attachment (Civil Execution Act, Article 81(1)(2) and (3) (민사집행법 제81조 제1항 제2호, 제3항); Civil Execution Rules, Article 218 (민사집행규칙 제218조)).
Unless special circumstances apply, provisional attachment of an exclusive unit in a divided building may also extend to the land right, which is an appurtenant right (Civil Act, Article 100(2) (민법 제100조 제2항); Act on Ownership and Management of Condominium Buildings, Article 20(1) and (2) (집합건물의 소유 및 관리에 관한 법률 제20조 제1항·제2항); Supreme Court Decision of October 26, 2006, 2006다29020).
When registration of a provisional attachment is canceled as a result of an auction, the ground for interruption of the statute of limitations arising from the attachment ends at that time, unless special circumstances apply. The fact that the distribution amount was deposited does not, by itself, mean that the interruption continues (Civil Act, Article 168 (민법 제168조); Supreme Court Decision of November 14, 2013, 2013다18622).

Frequently asked questions

Q. If land subject to provisional attachment is expropriated, does the attachment automatically extend to the compensation?

No. When land is expropriated, the effect of the provisional attachment on the land ends; it does not automatically extend to the claim for expropriation compensation. To preserve the compensation, you must separately apply for provisional attachment of that claim.

Case 1

Q. If real estate subject to provisional attachment is transferred to someone else and then auctioned, can I receive a distribution?

It may be possible. A provisional-attachment creditor may proceed with compulsory execution against the provisional-attachment debtor as the enforcement debtor, or receive a distribution in auction proceedings initiated by a creditor of a third-party acquirer. However, the scope of the prohibition on disposition resulting from the provisional attachment, and the amount distributable to the creditor, are limited to the amount of the claim stated in the provisional-attachment order.

Case 2, Case 10

Q. If I stated only the principal in my application for provisional attachment, can I later receive a distribution for interest and litigation costs as well?

If ownership of real estate is transferred to a third party after provisional attachment, the prohibition on disposition does not extend to interest and litigation costs exceeding the amount of the claim stated in the provisional-attachment order. Accordingly, the excess cannot be distributed from the sale proceeds of that real estate on the basis of the provisional attachment.

Case 2

Q. I provisionally attached real estate before the auction but missed the deadline to request a distribution. Will I be excluded from the distribution?

A provisional-attachment creditor whose attachment was registered before registration of the first order commencing auction proceedings is included among the creditors entitled to a distribution even if the creditor did not request one. A provisional-attachment creditor whose attachment was registered after registration of the first order commencing auction proceedings must request a distribution.

Case 3

Q. Can a building that is unregistered or unfinished also be provisionally attached?

Even a building that is unregistered or has not yet received approval for use may be subject to provisional attachment if it is owned by the debtor, has the substance and appearance of a building, and its lot number, structure, and area are recognized as being essentially the same, according to generally accepted social norms, as those in the building permit or notification. The application may require documents proving ownership and the building’s lot number, structure, and area, as well as the building permit or notification.

Case 4, Case 6

Q. Can an unauthorized building be provisionally attached as real estate?

The case explains that an unauthorized building for which the lawful building permit or building notification requirements have not been completed cannot be subject to provisional attachment of real estate. Unregistered buildings and unauthorized buildings must be considered separately.

Case 15

Q. If only an exclusive unit was provisionally attached, does the attachment also extend to a land right established later?

Unless special circumstances apply, an order provisionally attaching an exclusive unit may also extend to the land right, which is an appurtenant right. The result may differ, however, where special circumstances exist, such as a provision in the bylaws allowing the right to use the land to be disposed of separately from the exclusive unit.

Case 8

Q. Can the debtor continue to live in or manage real estate after it has been provisionally attached?

According to the case, even when real estate is provisionally attached, the debtor may use and manage the property and receive income from it. What is restricted is the debtor’s power to dispose of it.

Case 16

Q. If registration of a provisional attachment is canceled and the distribution amount is deposited, does the interruption of the statute of limitations continue?

In general, when the registration of a provisional attachment is canceled, the ground for interruption of the statute of limitations arising from the attachment ends, and a new limitation period begins to run from that time. The fact that the distribution amount has been deposited does not, by itself, mean that the interruption continues.

Case 5

Q. How is a small-amount tenant who moved into a home after it was provisionally attached entitled to a distribution?

The case explains that after a small-amount tenant receives a preferential distribution under the applicable laws and regulations, the remaining deposit is distributed at the same priority as the earlier provisional-attachment claim. The specific distribution amount may vary depending on the requirements applicable to the property, the lease, and the relevant laws and regulations.

Case 12

Relevant laws

Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 40(2)(4) (공익사업을 위한 토지 등의 취득 및 보상에 관한 법률 제40조 제2항 제4호)
Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 45(1) (공익사업을 위한 토지 등의 취득 및 보상에 관한 법률 제45조 제1항)
Civil Act, Article 100(2) (민법 제100조 제2항)
Civil Act, Article 168 (민법 제168조)
Civil Act, Article 187 (민법 제187조)
Civil Act, Article 358 (민법 제358조)
Civil Act, Article 548(1) (민법 제548조 제1항)
Civil Execution Act, Article 23(1) (민사집행법 제23조 제1항)
Civil Execution Act, Article 81(1)(2) and (3) (민사집행법 제81조 제1항 제2호·제3항)
Civil Execution Act, Article 83(2) (민사집행법 제83조 제2항)
Civil Execution Act, Article 88(1) (민사집행법 제88조 제1항)
Civil Execution Act, Article 148 (민사집행법 제148조)
Civil Execution Act, Article 160(1)(2) (민사집행법 제160조 제1항 제2호)
Civil Execution Act, Article 161(1) (민사집행법 제161조 제1항)
Civil Execution Act, Article 291 (민사집행법 제291조)

Watch out for

If land subject to provisional attachment is expropriated, do not assume that attachment of the land alone also preserves the claim for compensation.
A claim exceeding the amount stated in the provisional-attachment order may not be distributable from the sale proceeds of real estate transferred to a third-party acquirer on the basis of the prohibition on disposition arising from the provisional attachment.
For an unregistered building, check whether it has the substance and appearance of a building and whether it corresponds to the details in the building permit or notification. The case explains that an unauthorized building without a lawful permit or notification cannot be subject to provisional attachment.
Whether a request for a distribution is required may depend on the order in which the provisional attachment and the first order commencing auction proceedings were registered, so check the registration dates.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).