CONTENTS
- 1. How the Client Came to Seek Out the Suncheon Real Estate Attorney
- - The Client Who Sought Assistance from the Suncheon Real Estate Attorney
- - Case-Related Statutes Explained by the Suncheon Real Estate Attorney
- 2. The Assistance Provided by the Suncheon Real Estate Attorney
- - The Suncheon Real Estate Attorney Emphasizes the Defendant's Obligation to Pay Unjust Enrichment
- - The Suncheon Real Estate Attorney Submits the Certified Copy of the Land Register and the Land Cadastre
- 3. The Result of the Suncheon Real Estate Attorney's Assistance, “Winning the Case”
1. How the Client Came to Seek Out the Suncheon Real Estate Attorney
The client, who held a consultation with the Suncheon real estate attorney, requested assistance from the real estate attorney at the Suncheon office in order to recover land that had been unlawfully occupied and to claim unjust enrichment in respect of it.
The Client Who Sought Assistance from the Suncheon Real Estate Attorney
This is the story of the client who entrusted the case to the Suncheon real estate attorney.
The client learned that land he had inherited from his mother was being occupied by the defendant without authorization.
Although the client requested that the defendant restore it to its original state, the defendant continued the occupation, claiming that he had used the land in question for many years.
The client therefore sought to have the land delivered and to claim unjust enrichment arising from the defendant's use of the land, and so requested assistance from the Suncheon real estate attorney.
Case-Related Statutes Explained by the Suncheon Real Estate Attorney
▶ What is land delivery litigation?
Depending on the case, building demolition litigation or boundary determination litigation may be conducted, and if the unlawful occupation of the land has continued for a long time, an action for the return of unjust enrichment may also be filed.
▶ Cases in which land delivery litigation is pursued
2. Where another person is occupying land owned by oneself without authority by means of a fence, building, or the like
3. Where a lessee has concluded a sublease agreement with a third party without the knowledge of the landowner
4. Where one continues to occupy land even though one must vacate due to the termination of the lease agreement
▶ Related statutes
① A person who possesses real estate peacefully and openly with the intention to own it for 20 years acquires its ownership by registering it.
② Where a person who has registered as the owner of real estate possesses that real estate peacefully and openly, in good faith and without negligence, with the intention to own it for 10 years, he or she acquires its ownership.
2. The Assistance Provided by the Suncheon Real Estate Attorney
The Suncheon real estate attorney collaborated with an attorney who possesses extensive knowledge and know-how in land delivery litigation.
The Suncheon real estate attorney team examined the client's case closely and provided the following assistance.
The Suncheon Real Estate Attorney Emphasizes the Defendant's Obligation to Pay Unjust Enrichment
Through a cadastral survey, the boundary of the client's land was clarified, thereby proving the area and boundary of the land that the defendant was encroaching upon.
Through this, the rent for the client's land that the defendant had been unlawfully using was calculated.
The Suncheon real estate attorney emphasized that the defendant has an obligation to return the unjust enrichment in respect of this.
The Suncheon Real Estate Attorney Submits the Certified Copy of the Land Register and the Land Cadastre
By submitting the certified copy of the land register and the land cadastre, it was proven that the client had inherited the land from his mother and completed the 🔗registration of ownership transfer.
Accordingly, the attorney argued that the defendant could not assert any right whatsoever over the land in question.
3. The Result of the Suncheon Real Estate Attorney's Assistance, “Winning the Case”
The court, accepting the argument of the Suncheon real estate attorney, rendered a judgment ordering “the defendant to demolish his structure and pay the unjust enrichment,” and also requiring the defendant to bear the litigation costs, and the client won the case.
Real Estate Litigation, If You Need Assistance
The case above was the story of a client who, through the assistance of the Suncheon real estate attorney, succeeded in recovering land that had been unlawfully occupied and in receiving payment of unjust enrichment as well.
In land delivery litigation, it is advisable to proceed strategically with the assistance of an attorney, based on clear supporting materials and evidence.
At Daeryun Law Firm, 🔗attorneys with an average of more than 20 years of experience take on cases and provide assistance to clients with a systematic strategy.
If you are facing difficulties in a situation like the case above, please feel free to request assistance from the Suncheon real estate attorney at Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
