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Complete Office Contract Checklist — 15 Things You Must Check Before Stamping
Office contract, one stamp is tied for one year
Once you sign an office contract, your funds and business are tied up for at least 6 months to 2 years. However, there are endless cases where people only read the standard contract recommended by real estate companies and signed it, only to be refused refunds for vacancy, have huge management fees, and have their business registration rejected.
This article is a checklist of 15 things you can check in just 30 minutes right before signing an office contract. Applies to all general leases, sublease, and emergency occupancy (shared office).
Phase 1 — Pre-inspection before contract (when visiting the site)
1. Issue a certified copy of the register and check it in person
- Is the lessor the actual owner?
- Are mortgages and provisional seizures excessive (risk of deposit protection)?
- It can be issued for 700 won at the Internet Registry Office.
2. Check the building register
- Does the purpose of the building register (neighborhood living facilities, business facilities, etc.) match your industry?
- If there has been illegal expansion or unauthorized change of use, the responsibility to restore it to its original state may be passed on to the lessee.
3. Difference between contract area and exclusive area
- If the contracted area is different from the actual area used, disputes over management fees and rent may arise.
- Be sure to specify “exclusive rate ○○%”
4. Comparison of deposit and monthly rent prices
- Compare with 3 to 5 properties in the same building/nearby area
- Don’t just listen to one real estate company, search for it yourself
5. Check management fee items
- Are electricity, water, cleaning, and internet included in the maintenance fee or are they separate?
- “Separate management fee” is the beginning of a bomb.
Phase 2 — Confirmation clause when drafting a contract
6. Contract term and automatic extension terms
- Choose between 1 year or 2 years according to your business plan.
- Required confirmation of the “Automatic extension without notice ○ months prior to expiration” clause
7. Early termination clause
- Whether a business is doing well or failing, variables always arise.
- Specify conditions such as “penalty for ○ months” and “cancellation possible with ○ months prior notice”
8. Deposit return conditions
- What is the scope of restoration (paint? temporary wall? flooring?)
- Whether the timing of the purchase and the return of the deposit coincide with each other.
9. Rent increase rate cap
- Attempt to insert an upper limit clause such as “the increase in contract renewal is within ○% per annum.”
- Check whether the Commercial Building Lease Protection Act applies (based on converted deposit)
10. Scope of restoration obligation
- Be sure to take “photos upon moving in” and keep them for both parties.
- Any defects prior to moving in are stated in the separate document of the contract.
Phase 3 — Additional checks for each case
In case of a sublease (sublease) contract
- Is there a sublease agreement from the original landlord (if not, it is invalid)?
- Does your sublease period fall within the original contract period?
- If the original landlord-tenant contract is terminated, you must also move out.
In case of non-residential/shared office contract
- Check in advance whether business registration for your industry is possible at the address (especially for licensed businesses)
- Confirm that refund policy is clearly stated when business registration is rejected (usually 100% refund within 2 weeks)
- Is it possible to get a refund for the remaining period in case of early termination?
- ⚠️ Caution on “address laundering”: False registration in non-overcrowded shared offices while actually doing business in Seoul is subject to crackdown by the National Tax Service.
When establishing a corporation
- Enter the name of the tenant as “CEO △△△ of ○○○ Co., Ltd. being established.”
- Includes automatic succession clause after completion of incorporation
Phase 4 — Immediately after signing the contract (within the same day to 3 days)
11. Address reflected in business registration certificate
- Apply/correct business registration at Hometax
12. Lease report
- Obligation when deposit exceeds 60 million won or monthly rent exceeds 300,000 won (varies by local government)
13. Receive confirmed date (shopping mall)
- Securing priority repayment rights under the Commercial Building Lease Protection Act
- Can be obtained from the tax office
14. Backup of contract, register copy, and move-in photo files
- Cloud + external storage dual backup
15. Automatic transfer + receipt processing settings
- Automatic transfer from business account
- Request for issuance of tax invoice from landlord (subject to VAT refund)
Frequently Asked Questions
Q. Can I use the standard contract created by the real estate agent?
The standard forms are only a starting point. Be sure to request modifications for early cancellation, restoration, and management fees to suit your circumstances.
Q. What if the register copy suddenly changes right before the contract?
If there is a need to add a mortgage, transfer ownership, etc., payment of the balance must be stopped immediately and reviewed.
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