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Deals & Cases

Delivery of a Building

Changwon Eviction Lawsuit Attorney Assistance | The Client Prevails in the Eviction Lawsuit With the Assistance of a Changwon Eviction Lawsuit Attorney

The client visited the Changwon office to file an eviction lawsuit against a tenant who had been in arrears on rent for one year.

CONTENTS
  • 1. How the Client Came to the Changwon Eviction Lawsuit Attorney
    • - The Client Who Requested Assistance From the Changwon Eviction Lawsuit Attorney
    • - The Eviction Lawsuit, Explained by a Changwon Eviction Lawsuit Attorney
  • 2. Matters of Assistance by the Changwon Eviction Lawsuit Attorney
    • - Changwon Eviction Lawsuit Attorney's Argument 1 | The Obligation to Deliver the Building
    • - Changwon Eviction Lawsuit Attorney's Argument 2 | The Defendants' Argument
  • 3. Changwon Eviction Lawsuit Attorney's Assistance Result, “Favorable Judgment”

1. How the Client Came to the Changwon Eviction Lawsuit Attorney

The client requested assistance from the eviction lawsuit attorney at the Changwon office, who had extensive experience in related cases, before filing the eviction lawsuit.

The Client Who Requested Assistance From the Changwon Eviction Lawsuit Attorney

This is the account of the client who requested assistance from the attorney.

About 3 years ago, the client entered into a lease agreement with A, with a deposit of 50 million won and a monthly rent of 3 million won.

Afterward, at A's request, the tenant was changed to A's father, and the situation truly changed after that.

The tenant was in arrears on rent for 12 months, and the client had no choice but to pay other costs, such as electricity bills, on the tenant's behalf.

Angered by this situation, the client checked the current occupant of the commercial building and found that the occupants were A and A's father.

Unable to tolerate it any longer, the client visited the Changwon office and requested help from the eviction lawsuit attorney.

The Eviction Lawsuit, Explained by a Changwon Eviction Lawsuit Attorney

Even where a lawful lease agreement has been entered into, if the tenant fails to observe basic terms such as the payment of rent, the lease may be terminated and surrender of possession may be demanded.

If the tenant continuously fails to pay rent, or does not vacate even after the lease term has ended, causing significant loss, the lessor may proceed with a building delivery lawsuit.

▶ Civil Act Article 640 (Delinquent Rent and Termination)

With respect to a lease of a building or other structure, if the amount of rent in arrears by the tenant reaches two periods' worth of rent, the lessor may terminate the agreement.

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

If a tenant 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.

- If the tenant has been in arrears on rent in an amount reaching three periods' worth of rent

2. Matters of Assistance by the Changwon Eviction Lawsuit Attorney

Through consultation with the client, the attorney closely examined the specific facts and then made the following arguments.

Changwon Eviction Lawsuit Attorney's Argument 1 | The Obligation to Deliver the Building

The lease agreement between the client and the defendants may be regarded as having been terminated by the client's expression of intent to terminate on account of the arrears in rent.

Accordingly, the attorney emphasized that the defendants had an obligation to deliver the building, the subject matter of the lease, to the client,

Changwon Eviction Lawsuit Attorney's Argument 2 | The Defendants' Argument

After receiving the complaint, the defendants stated that they had incurred a large interior-construction expense due to issues such as water leaks and had suffered a loss.

However, the defendants emphasized that they had initially agreed with the client that they would bear the cost of the construction needed for their own business, and would use the building in this case on that basis.

3. Changwon Eviction Lawsuit Attorney's Assistance Result, “Favorable Judgment”

The court, having accepted the attorney's arguments, issued a judgment stating, “The defendants shall deliver the real property to the plaintiff. The costs of the litigation shall be borne by the defendants.”

Satisfied with the result, the client visited the Changwon office after the eviction lawsuit ended and repeatedly expressed thanks.

The Eviction Lawsuit, If You Need Help?

With the attorney's assistance, the client prevailed in the eviction lawsuit and was able to take delivery of the building without incident.

Daeryun Law Firm protects clients' rights in 🔗real estate eviction lawsuits and brings about the delivery of buildings through a prompt and professional legal response.

If you are facing difficulties in a situation similar to the above case, please entrust your case to the Changwon eviction lawsuit attorney.

창원명도소송변호사

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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