Provisional Contract vs Main Contract in Korea (가계약 vs 본계약)

When you secure a room in Korea, it usually happens in two stages: first a provisional contract (가계약) to hold the room, then the main lease (본계약) you actually sign to move in. If you're renting from abroad, the provisional step is what lets you lock down a room before you fly — but it's a real commitment, not a free hold, and understanding the difference matters before you pay anything.

This guide explains what each stage is, what your money commits you to, and what happens between them.

The Two Stages, Simply

가계약 (provisional contract) — you reserve the room by paying a portion of the deposit, typically around 10%. This takes the room off the market and holds it for you. It's a binding commitment, not a refundable deposit-to-browse.

본계약 (main contract) — the full lease. You sign this in person, usually on or just before your move-in day, pay the remaining deposit and first rent, and receive the keys. This is the contract that gives you your full legal tenancy.

The gap between them exists for a practical reason: it lets you commit to a room now and complete the formal signing later — which is exactly what someone arriving from another country needs.

What the Provisional Payment Actually Commits You To

This is the part to understand before you pay, because it surprises people.

A provisional payment is a commitment, not a holding fee you can walk away from. Under Korean practice, putting money down to reserve a room (가계약금) creates a binding agreement. The specifics:

• If you go ahead, the provisional payment counts toward your deposit. You don't lose it — it's simply the first installment.
• If you back out — you changed your mind, found somewhere else, your plans changed — you generally do not get it back. The landlord took the room off the market on the strength of your commitment, and that has a cost.
• If the landlord backs out: Under Korean Civil Law (Article 565), if the landlord cancels the agreement without cause, they are legally required to return double the provisional amount (배액상환) back to you as compensation.

⚠️ The practical rule: reserve only a room you've decided on. Don't put a provisional payment on two rooms to "keep your options open" — you'll lose one of them. The reservation is valuable precisely because it's binding; that's what makes the hold real.

Why It's Done This Way (and Why It Helps You)

For someone renting from abroad, the two-stage structure is genuinely useful:

• You can secure a room before you arrive. Without it, you'd land in Korea with nothing arranged and have to find and sign everything in your first days.
• The heavy verification happens when you can do it properly — in person, at the main contract, when you can see the room and check the documents.
• You're not signing a full year-long legal commitment from your bedroom in another country. You're holding a room, then formalising it once you're on the ground.

The trade is that the hold is binding. That's the mechanism working as intended, not a catch.

→ Securing a Room in Korea From Abroad

What Happens Between 가계약 and 본계약

Once you've reserved, here's the sequence to the main contract:

1. Confirm the details in writing. Move-in date, deposit, monthly rent, contract length, what's included. This should be settled at the provisional stage, not left to signing day.

2. Schedule the main contract signing. Usually on or just before your move-in day. Confirm where, when, who'll be there, and what to bring (passport, and your ARC if you have one).

3. Prepare for the day. Have the remaining deposit and first month's rent ready in the form the landlord expects. Arrange to see the actual room and check the property register (등기부등본) before signing.

4. Sign the 본계약 and pay the balance. Read the contract — ideally translated in advance, not for the first time across the table. Pay the remaining deposit, get the keys.

5. Immediately after: get 확정일자 on your contract (passport is enough, no ARC needed), then handle foreign registration and address registration.

→ You've Reserved a Room in Korea: What Happens Next

→ Korean Rental Contract Explained: 13 Clauses Every Foreign Renter Must Understand

→ How to Read a Korean Property Register (등기부등본)

What to Check Before You Make a Provisional Payment

Even though the heavy verification comes at the main contract, a few things belong at the provisional stage — because once you've paid, backing out costs you.

• The terms in writing: move-in date, deposit, rent, length
• What the payment counts toward and what happens if either side backs out
• That the room is real and as described — a live video walkthrough if you're remote
• That you're confident enough to commit — because this is a commitment

If you're reserving through a platform, the reservation and landlord approval are handled for you, and the payment goes toward your deposit — but the commitment is the same. Reserve when you've decided.

💡 Get the Provisional Terms in Writing (KakaoTalk/SMS/Website): Before sending any money, ensure the landlord or agent sends you a written message detailing the exact unit number, deposit, monthly rent, move-in date, and total contract length. Under Korean Supreme Court precedent, a provisional agreement is legally enforceable only when these core terms are documented.

The Short Version

The provisional contract is a genuinely useful tool for renting in Korea, especially from abroad. Just treat it as what it is: a real commitment to a room you've decided on, not a free option to hold while you keep looking.

Reserving a room and then signing the full lease, in a language you're still learning, is where a lot of foreign renters feel lost. CheckmateKorea handles both stages — the reservation, the landlord approval, and the main contract — with foreigner friendly support.

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