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Deals & Cases

Delivery (handover) of a building

Seongnam Real Estate Law Specialist Attorney Assistance | Winning a Building Delivery Lawsuit

The client who came to the Seongnam real estate specialist attorney decided to pursue an eviction lawsuit against a tenant who had failed to perform a real estate contract and sought out the real estate specialist attorney at the Seongnam branch office.

CONTENTS
  • 1. How the Client Came to Seek the Seongnam Real Estate Law Specialist Attorney
    • - The Client Who Requested Assistance With an Eviction Lawsuit
    • - Statutes Relevant to Lease Agreements
  • 2. Assistance Provided by the Seongnam Real Estate Attorney
    • - Asserting the Right to Terminate the Contract
    • - Asserting the Obligation to Deliver the Real Estate
  • 3. Result of the Seongnam Real Estate Attorney's Assistance: “Winning the Case”

1. How the Client Came to Seek the Seongnam Real Estate Law Specialist Attorney

The client who came to the Seongnam real estate specialist attorney requested assistance from the attorney at the Seongnam office in order to terminate the contract and recover the property from a tenant who had not paid rent for several months.

The Client Who Requested Assistance With an Eviction Lawsuit

The circumstances of the client who consulted with the Seongnam real estate specialist attorney were as follows.

The client, as the lessor of a commercial unit, had entered into a lease agreement with the defendant in this case approximately one year earlier.

When the defendant’s bank account transactions were suspended as a result of being a victim of fraud, the defendant pleaded that he would pay three months’ rent all at once.

Considering the defendant’s difficult position, the client agreed to this.

However, the defendant did not pay the rent even well after the promised three months had passed, and when the client made a request, the defendant asked for just one more month’s grace.

Accordingly, the client waited one more month, but the defendant began to avoid the client by ignoring the client’s contact attempts and not opening the doors of the business premises.

In the end, the client decided to pursue an 🔗eviction lawsuit in order to terminate the lease agreement and recover the property, and requested the assistance of the Seongnam real estate specialist attorney.

Statutes Relevant to Lease Agreements

If a person enters into a lease contract for a residence or a commercial building, the lessee must make payment each month in accordance with the terms of the contract.

However, if the lessee fails to properly perform this obligation and the payment is in arrears, the lessor has the right to terminate the contract.

▶ Article 640 (Delinquency in Rent and Termination)

In the case of a lease of a building or any other structure, where the amount of rent in arrears owed by the lessee reaches the amount of rent for two terms, the lessor may terminate the contract.

▶ Commercial Building Lease Protection Act, Article 10 (Request for Contract Renewal, etc.)

① Where the lessee requests a renewal of the contract during the period from six months to one month before the expiration of the lease term, the lessor may not refuse without justifiable grounds. However, this shall not apply in any of the following cases.

1. Where the lessee has been delinquent in rent in an amount reaching the amount of rent for three terms

2. Assistance Provided by the Seongnam Real Estate Attorney

After conducting a consultation with the client, the Seongnam real estate specialist attorney established a strategy to win the case.

Asserting the Right to Terminate the Contract

The defendant had failed to pay rent for four months.

It was emphasized that, because this constitutes a lawful ground for terminating the lease agreement, the client had the right to terminate the lease agreement without delay.

Asserting the Obligation to Deliver the Real Estate

Because the lease agreement in this case was lawfully terminated, the defendant is obligated to surrender the property to the client.

However, it was emphasized that the defendant has deliberately avoided the client and has, to date, failed to perform this obligation.

3. Result of the Seongnam Real Estate Attorney's Assistance: “Winning the Case”

The court, which accepted the arguments of the Seongnam real estate specialist attorney, rendered a judgment that “the defendant shall deliver to the plaintiff the building described in the attached list” and ordered the defendant to bear the litigation costs as well.

Building Delivery Lawsuit: If You Need Assistance

The case above was one in which a client who pursued litigation against a tenant who had been occupying the property while in arrears on rent for several months succeeded in having the property delivered with the assistance of the Seongnam real estate specialist attorney.

As in this case, if you are experiencing difficulties due to the occupation of property, obtaining the assistance of a specialist attorney and resolving the matter through litigation is the most reliable method.

At Daeryun Law Firm, 🔗specialist attorneys who have handled numerous real estate-related lawsuits and possess extensive know-how take on the client’s case and provide close assistance through to its resolution.

If you need legal assistance in a situation such as the case above, please entrust your case to the Seongnam real estate specialist attorney at Daeryun Law Firm at any time.

성남부동산전문변호사

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.

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