CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Gunsan Law Firm
- 2. The Statutes Relevant to the Case as Explained by the Gunsan Law Firm
- 3. The Gunsan Law Firm's Assistance
- - The Gunsan Law Firm's Argument ① Burden of Proof
- - Gunsan Law Firm Argument ② Contradictory Claims
- - Gunsan Law Firm Argument ③ Legitimate Rights
- 4. The Court's Decision on the Gunsan Law Firm's Argument
- - If You Need the Help of the Gunsan Law Firm
1. The Client's Situation
The client visited the Gunsan office in order to proceed with the case alongside a law firm holding diverse know-how and to steer the litigation in a favorable direction.
How the Client Came to the Gunsan Law Firm
The account of the client to request help is as follows.
After his father's death, the client was told by his uncle not to assert any rights whatsoever over the real estate that was part of his father's inherited estate.
The uncle's claim was that, because the uncle had, through an agreement with the father, made a 🔗title trust by contract of the real estate to the father, the client, as the nephew, could not assert any rights over the real estate.
Because the client had never once heard from his father, before his father's death, that the real estate actually belonged to his uncle, he began to grow suspicious.
The client came to a Gunsan law firm in order to assert that he was the rightful owner, through a law firm holding extensive 🔗construction and real estate advisory know-how.
2. The Statutes Relevant to the Case as Explained by the Gunsan Law Firm
An action for the delivery of real estate is a suit in which the owner of real estate asserts ownership and demands the return of the real estate from a person who is in possession of it.
Civil Act Article 211 provides that, where another person is in possession of real estate owned by the owner, the owner may demand the return of that real estate.
In addition, under Civil Act Article 213, the owner may demand the return of the real estate from a person who is unlawfully in possession of it.
3. The Gunsan Law Firm's Assistance
The Gunsan law firm established a thorough litigation plan based on the relevant precedents and evidentiary materials.
It argued as follows, asserting that the rightful rights over the real estate belonged to the client.
The Gunsan Law Firm's Argument ① Burden of Proof
According to precedent, a person registered as the owner of real estate is presumed to have acquired ownership through a lawful procedure and cause, so the burden of proof lies with the person who asserts that the registration is based on a title trust.
However, the firm emphasized that, in light of what the defendant argued, it was difficult to believe that the defendant was the actual owner of the real estate in this case.
Gunsan Law Firm Argument ② Contradictory Claims
The other party reversed its position several times during the proceedings and advanced logically contradictory claims, including regarding the method of calculating the lease deposit under the lease agreement.
The other party emphasized that it had borne no tax obligation whatsoever with respect to the real estate and had never fulfilled any duty as the owner of the land in this case.
Gunsan Law Firm Argument ③ Legitimate Rights
After the client's father passed away, the other party threatened the client and advanced only a one-sided claim that the real estate in this case was its own land.
It was emphasized that the other party's claim had no merit and that the client's property rights should be properly protected.
4. The Court's Decision on the Gunsan Law Firm's Argument
The court, accepting the Gunsan Law Firm's argument, issued a decision that ‘the defendant shall deliver each parcel of real estate to the plaintiff, and the defendant shall bear the litigation costs.’
The client then expressed deep gratitude to the Gunsan Law Firm.
If You Need the Help of the Gunsan Law Firm
In the above case, the client, who proceeded with the Gunsan Law Firm, prevailed in full in a claim for delivery of real estate.
A lawsuit for the delivery of real estate involves many complex issues concerning ownership and possession, and it includes special procedures such as compulsory execution and dealing with actual occupants, so receiving the help of an experienced attorney can be helpful.
The 🔗real estate attorneys at Daeryun Law Firm form a task force of 3 to 20 professionals and handle real estate matters such as construction litigation, construction payment, leases, and 🔗real estate eviction lawsuits.
If you need the assistance of an experienced attorney in a situation similar to the case above, please feel free to reach out to the Gunsan 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.
