“Real estate title lawsuit with many variables, thoroughly prepared from the beginning”

[iNews24 Reporter Park Myeong-jin] As the long-term recession continues, an increasing number of landlords who are experiencing difficulties due to tenants who do not vacate their homes or pay rent despite the termination of their lease contracts are seeking out real estate lawyers.

Landlord A was suffering from stress and financial difficulties due to tenant B, who disappeared without paying rent for several months. When the deposit was used up to the point where he could not even deduct the monthly rent from the tenant's deposit, he could no longer wait for the tenant, and eventually decided to seek out a real estate attorney and file a 'clearance lawsuit'.

A transfer lawsuit is one of the real estate-related lawsuits and refers to a lawsuit in which the possessor requests the delivery of a property that is illegally occupied. △ When the tenant does not vacate the property despite the end of the rental contract period, △ When there is a monthly rent gap of 2 periods under the Housing Lease Protection Act and 3 periods under the Commercial Lease Protection Act. The owner can legally evict the illegal occupier by receiving a judgment and enforcing it through a capital city lawsuit.



◆Why do I have to file a lawsuit against someone?

In the news and other media, the stories of tenants who are in trouble due to their landlords are usually known, but in actual cases, the number of landlords seeking out lawyers for real estate-related disputes is significant.

Since it is your real estate, you may think that you can exercise your rights as a rights holder against a tenant who does not fulfill the terms of the contract, but if a dispute is expected, it is better to prioritize the assistance of an experienced real estate attorney.

If a tenant commits an unfair act during a conflict due to damages such as late payment of rent, and you take personal action without legal advice, you may be subject to criminal punishment or liability for damages depending on the legality of the act.

Even if it is their own building, if the landlord arbitrarily enters the residential or business space and takes out luggage, not only will they face criminal charges such as trespassing or trespassing, but they will also be liable for damages. Therefore, rather than exercising your own skills, you should seek the assistance of a real estate attorney to find a legal solution.

Attorney Jeong Chan-woo of Daeryun Law Firm (Limited) explained, "Due to the recent economic downturn, the number of landlords seeking to proceed with a capital punishment lawsuit has increased. However, if you do not prepare thoroughly in advance through a preliminary injunction prior to possession before proceeding with the lawsuit, the tenant may use various expedient methods and the landlord may suffer a loss."

“A provisional injunction prior to possession is a provisional injunction to preserve the right to claim delivery of real estate. If the lessee maliciously transfers possession to a third party, the owner will not be able to enforce it even if a judgment is obtained against the lessee. Therefore, it is important to avoid damage through careful preparation,” he added.

In this way, in the Myeongdo lawsuit, prior to filing a lawsuit, sufficient consultation should be conducted with an experienced real estate attorney and necessary preservative measures such as a provisional injunction prior to possession and a provisional injunction to prevent disposition should be taken to avoid difficulties in compulsory execution after receiving a final and conclusive judgment.

In addition, in the case of maintenance projects such as reconstruction, it is said that attention should be paid to changes in the system and laws of the Urban Maintenance Act and the Aggregate Building Act, and in tenant transfer lawsuits, attention must be paid to the various rights of tenants recognized in the Commercial Lease Protection Act. In particular, he emphasized that since laws and regulations are frequently revised, it is necessary to accurately learn about the latest precedents through a real estate attorney.

Daeryun Law Firm (Liuhan), to which attorney Chan-woo Jeong belongs, is providing legal consulting on various real estate cases in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju.

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