The charter price is more expensive than the sale price… Metropolitan area’Gap Investment Planning Bankruptcy’ advisory

Input 2021.02.04 06:00

“What do I do? I think I was a charter scam.” Mr. A, who moved in through a charter contract for a new villa in Michuhol-gu, Incheon in November last year, is trembling with anxiety. It was belatedly learned that Mr. A signed a charter contract at the same price as the villa sale price, but the landlord changed after a month of the charter contract.

At the end of last year, the 30s who paid the down payment for a new house before the end of the contract for a private house that had lived for two years
Mr. B was a victim of the canon charter by paying the down payment for his new house, which he had tried to move to. Trusting the landlord’s words that he could return the deposit, he found a new house to move to and put the down payment on it, but the landlord deliberately handed over the house to auction without returning the deposit.

Amid the rising sales price of the housing market in the metropolitan area and the risk of jeonse, so-called’gap investment planning bankruptcy’ is a potential risk. ‘Gap Investment Planning Bankruptcy’ is a new fraudulent method in which a large amount of houses are purchased through a transaction with the same trading price as the jeonse deposit or a higher deposit, and intentionally bankrupted, causing damage to tenants.

On the 4th, the company commissioned Big Value, a real estate big data and AI company, and analyzed it through an abnormal transaction detection solution (FDS), a lease risk detection platform based on big data technology, from January 2018 to October 2020. A total of 8,222 abnormal transactions were found in Seoul, Incheon, and Gyeonggi areas with suspected planned bankruptcy using gap investment.

This is a summary of transactions in which a multi-homeowner (rental business entity) who owns at least 30 row houses such as villas (rental business owners) purchased and sold houses within 90 days after signing a charter contract at a higher or higher price. In the last three years, only 45 people were found to have caused 8,222 such transactions in Seoul, Incheon and Gyeonggi areas.

Especially in Incheon, such cases are increasing recently. The number of suspected planned bankruptcy cases from 133 in 2018 increased to 888 in 2019, and 918 cases were found until October in 2020. In the case of Seoul and Gyeonggi, this is in contrast to the somewhat reduced shape in 2020. In Seoul, ▲938 cases in 2018, ▲2043 cases in 2019, ▲1224 cases in 2020 (January-October), and competitions ▲226 cases in 2018, ▲1075 cases in 2019, ▲2020 (January-October) 777 cases were found.

The slight decrease in abnormal transactions in Seoul and Gyeonggi is believed to be due to the known effect of the prosecution of a rental business owner and a realtor who owned 283 villas in Gangseo-gu and Yangcheon-gu, Seoul last year. However, real estate market officials still see that there are still not a few so-called’goers’ who proceed with the planned bankruptcy of Gap Investment.

Moreover, in the case of Seoul recently, the price of villas has risen sharply following the rise of apartment prices.Therefore, industry officials say that there may be cases in which a contract with a renter is signed at a higher sale price than the jeonse price after a month or two. It is intellectual.

By Seoul autonomous region, from January 2018 to October last year, Gangseo-gu had the highest number of suspicious cases with 1194 cases. Then ▲ Guro-gu (445 cases), ▲ Geumcheon-gu (374 cases), ▲ Yangcheon-gu (348 cases), and ▲ Eunpyeong-gu (230 cases). Gyeonggi region was followed by ▲ Bucheon (963 cases), ▲ Anyang (189 cases), ▲ Goyang (138 cases), ▲ Paju (107 cases), ▲ Gunpo (70 cases). In Incheon, Bupyeong-gu (634 cases) was the most, followed by ▲ Namdong-gu (453 cases), ▲ Seo-gu (347 cases), ▲ Michuhol-gu (294 cases), and ▲ Gyeyang-gu (180 cases).

The above transaction is a structure in which the rental company A, who owns a large number of houses, and the brokerage B, simulate in advance. Renters and brokers approach homeowners or owners who want to buy and sell villas, saying they will sell their homes on a market basis. Due to the characteristics of multi-family housing in a row, there is a side that is difficult to buy and sell, so the landlord participates in illegal activities.

For example, a brokerage introduces a house with a market price of 150 million won to a person who is looking for a chartered house for a deposit of 165 million won, and makes a charter contract with the landlord. Later, the house is bought by a rental company. The landlord disposes of the troublesome house, and the rental business owner buys the house without spending a penny. In addition, the profit of 15 million won from the tenant’s pocket is shared with the broker. In this way, it is a method of making profits by making at least 30 transactions.

The tenant knows about the damage only when the jeonse contract ends and the jeonse is returned. If you ask for the jeonse deposit to be returned, the changed landlord filed for bankruptcy saying that he could not pay the jeonse deposit. The house goes into a light auction, and the tenant suffers the damage of not getting the deposit back in time. In general, in the case of a row or multi-family house, the industry explains that it is difficult to win a bid for more than the market price in auction.

Because of this, it is difficult for tenants to recover the full amount of the deposit even after auction or auction. If a bid is successful at 80% of the market price at an auction, the entire set price of 110% of the market price is not preserved. There is also a problem that it is difficult to prove the homeowner’s participation in criminal activity. If there is no evidence of a separate back-to-back contract or rebate fact, the landlord’s tort is not proven.

Eventually, the post-processing is done by a guarantee institution such as the Housing and Urban Guarantee Corporation (HUG). As damage increases, HUG losses are also increasing. Last year, the unreturned damage of the jeonse deposit amounted to 6468 billion won, an increase of 40 billion won from the previous year. It is pointed out inside and outside the industry that a fundamental solution is needed in that this is a national debt.

Even if a tenant subscribes to the jeonse deposit return guarantee insurance, he/she suffers a loss in time and money as he does not receive the jeonse money back normally. If the tenant does not subscribe to the Jeonse Deposit Refund Guarantee Insurance, he or she must suffer damage and wait for criminal punishment or file a civil lawsuit.

So Byung-hoon, a member of the National Assembly’s National Land, Infrastructure and Transport Committee said, “Last year, HUG and SGI Seoul Guarantee have close to 200,000 subscribers of the Jeonse Deposit Refund Guarantee Insurance,” and “The Ministry of Land, Infrastructure and Transport prepared fundamental measures and deliberately and habitually provided tenants’ deposit It is necessary to strengthen the punishment of the landlord who does not return.”

Big Value CEO Kim Jin-kyung said, “The number of forces aiming for jeonse deposits with advanced techniques is increasing, so monitoring is urgent.” “To prevent actual damages to tenants, HUG in charge of cheonsei guarantee insurance, financial institutions, and mayor He stressed that an abnormal transaction detection system should be introduced to the Ministry of Land, Infrastructure and Transport and local governments that oversee the operation.