English

38-3 · Land, buildings & compensation

Request to Abolish Public Use, and Application to Purchase or Lease State and Public Land

State or public land that a house or warehouse straddles, or an old road or ditch that no longer serves its function, cannot be sold while it is administrative property. Under Article 40 of the State Property Act, only after it stops being used for administrative purposes and its public use is abolished does it become general property open to purchase or lease. Abolition is decided by the competent central agency (the head of the local government for public property), and individuals have no separate right to apply, so the request is made with site-condition evidence. Abolished state property is handed over to the supervising authority and is often managed and disposed of by the Korea Asset Management Corporation. Sale of general property is by competitive bidding in principle (Article 43), and a negotiated contract is possible only under a ground in Article 40(3) of the Enforcement Decree, such as state land of no use value occupied since before December 31, 2012 by a privately owned building, sold within twice the building's floor area. Property with a likely dispute is disposed of by competitive bidding under paragraph 6 of the same article. Public property is governed separately by Article 29 of the Public Property and Commodity Management Act, Article 38 of its Enforcement Decree and the local ordinance. The lease term for land is up to 5 years, and renewal must be applied for one month before the term ends. Hwang Yunsang Administrative Agent Office prepares the abolition request, the state property purchase or lease application and the attachments, and handles their submission.

HWANG YUNSANG ADMINISTRATIVE OFFICESONGDO · 37.3892° N / 126.6439° E
#Request to Abolish Public Use, and Application to Purchase or Lease State and Public Land#Official check#38-3
🌐 Preparation and filing of administrative appeal documents concerning charges for unauthorized occupation of state or public land
01

Procedure

Procedure

Procedure type
  • Application Difficulty Medium

    An application for a subsidy, benefit, compensation or decision. The authority reviews whether the payment or selection criteria are met and then decides.

  1. 01

    Confirm the property category: Check the owner (state, city, county or district) and the managing agency from the land register, real estate register and cadastral map, and ask whether the land is administrative or general property. State and public land differ in applicable law, negotiated-contract grounds and filing agency, so separate them first.

  2. 02

    Organize occupancy evidence: Compile site photos, cadastral survey data, the building register and property tax records to show the area covered by the building or yard and when occupancy began. For an old road or ditch, also show whether any passage or drainage function remains.

  3. 03

    Request abolition of public use: For administrative property, submit a request explaining that the land is no longer used for administrative purposes to the competent central agency (the city, county or district office for public property). Road area abolition notices or approval to abolish a registered agricultural channel may be needed first, so confirm these with the managing agency.

  4. 04

    Review purchase grounds and apply: Once it is general property, check whether a negotiated-contract ground in Article 40(3) of the Enforcement Decree applies (land occupied by a private building, property used by a religious body, farmland cultivated for 5 or more years). If so, file the purchase application on Form No. 1 of the Enforcement Rules of the State Property Act with the managing or disposing agency (the processing period is stated as 20 days). For public property, first check the local ordinance requirements.

  5. 05

    Review a lease application: If the purchase grounds are not met or buying is not urgent, apply for a lease of general property on the same Form No. 1. The lease term for land is up to 5 years, renewal must be applied for one month before the term ends, and the lease fee is calculated by a rate on the property value under the Enforcement Decree.

  6. 06

    Check conditions after the price notice: The reserve price for a purchase is based on appraisal (the average of two appraisals if the register value is 30 million won or more), and withdrawing the application without good cause after appraisal can make you bear the appraisal and survey costs. Also check whether installment payment is available (Article 55 of the Enforcement Decree) and whether a prior indemnity charge has been imposed.

02

Filing route

Filing route

For state general property, the managing or disposing agency such as the Korea Asset Management Corporation; for abolishing public use of state administrative property, the competent central agency; for public property, the property management department of the city, county or district office

Confirm the current filing office, jurisdiction, and online availability on the official website.

Official check
Actual processing agencyCompetent Korean authority or official service · Competent Korean authority or official service · Competent Korean authority or official service · Competent Korean authority or official service
Statutory and policy authorityCompetent Korean authority or official service · Competent Korean authority or official service
Online routeCompetent Korean authority or official service · Government24
03

Deadlines & processing notes

Deadlines & processing notes

Check deadlines and next steps against the notice, filing date, and any request for additional documents.Official check
04

Basic documents

Basic documents

Basic documents0 / 8

국유재산(사용허가, 대부, 매수)신청서(별지 제1호서식)

HWP originalPDF

Source: Korea National Law Information Center, 「국유재산법 시행규칙」 별지 제1호서식(effective 2026.01.02.) · checked 2026.10.26. · the form is in Korean; confirm it is the current version before submitting.

국유재산(사용료, 대부료, 매각대금, 변상금)분할납부신청서(별지 제2호서식)

HWP originalPDF

Source: Korea National Law Information Center, 「국유재산법 시행규칙」 별지 제2호서식(effective 2026.01.02.) · checked 2026.10.26. · the form is in Korean; confirm it is the current version before submitting.

Filing an abolition request or application does not by itself regularize unauthorized occupancy, so continued use without a permit or contract can bring an indemnity charge, and property with a dispute moves to competitive bidding instead of a negotiated contract, where someone else may win the bid.

Scope of services

Scope of services

Hwang Yunsang Administrative Agent Office prepares and translates documents for administrative agencies, submits them on your behalf, and guides you through permit, application, and notification procedures. Services that require the principal’s personal appearance, principal’s application, or electronic signature may be limited in delegation.