Seocho Real Estate Attorney Assistance | A Successful Outcome in a Building Delivery Lawsuit with the Help of a Seocho Real Estate Attorney

This is the story of a client who sought assistance from a Seocho real estate attorney.

The client entered into a lease agreement with the defendant about 3 years ago.

They agreed to provide the property at issue free of charge for the first 2 months.

However, after using the building at issue free of charge, the defendant had paid only 4 months of rent.

In response, the client sent a certified notice stating an intent to terminate the lease agreement.

The defendant opposed the termination, saying that the rent would be paid, and the client accepted this.

However, the defendant continued to delay payment of the rent and has not paid any of it to this day.

Ultimately, the client decided to file a lawsuit for delivery of the building and sought help from the real estate attorney at the Seocho office.

When a tenant remains in unauthorized possession even after the lease has expired or been terminated, you must proceed with a lawsuit for delivery of the building to recover your real property.

In this situation, you must prove not only the visible damage but also the circumstances in which you suffered harm unlawfully due to the other party's unauthorized possession. The amount and scope of damages you can recover broaden depending on how thoroughly the relevant law is understood.

▶ Civil Act Article 640 (Delinquency in Rent and Termination)

In the case of a lease of a building or other structure, if the tenant's overdue rent reaches an amount equivalent to two installments of rent, the lessor may terminate the contract.

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

Where a tenant requests 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.

Where the tenant has been delinquent in rent up to an amount equivalent to three installments of rent

Even after entering into additional special terms and preparing a notarial deed, the defendant has continued to fail to pay the rent.

The attorney therefore emphasized that the defendant has an obligation to deliver the building to the client and pay the overdue rent.

The client sent the defendant a certified letter stating an intention to terminate the lease agreement.

However, the defendant agreed to pay the unpaid rent to the client and stated an intention to continue using the real estate at issue.

Nonetheless, the client emphasized that the defendant has paid no monthly rent at all to date.

Thanks to the assistance of the Seocho real estate attorney, the client won this real estate lawsuit, was able to recover the building safely, and was also able to collect the overdue rent.

If, like the client above, you have decided on a 🔗real estate eviction lawsuit, it is advisable to handle it promptly with the help of a specialized attorney.

Daeryun Law Firm secures thorough evidence and responds by structuring a strategy suited to the client's situation.

If you are facing difficulties in a situation similar to the case above, please feel free to request assistance from a Seocho real estate attorney at any time.