CONTENTS
- 1. Bucheon Real Estate Attorney for a Client
- 2. A Building Delivery Lawsuit Explained by a Bucheon Real Estate Attorney
- - The Right to Request Contract Renewal Explained by a Bucheon Real Estate Attorney
- 3. A Bucheon Real Estate Attorney Defends the Lawsuit
- - Bucheon Real Estate Attorney: “In Substance, the Plaintiff's Daughter Managed the Building in This Case”
- - Real Estate Attorney: “The Client Clearly Expressed His Intention to Exercise the Right to Request Contract Renewal”
- 4. The Judgment Led by a Bucheon Real Estate Attorney
1. Bucheon Real Estate Attorney for a Client
The client explained that, after a building delivery lawsuit was filed against him, he sought an attorney with extensive experience handling such cases in Bucheon.
The facts of the case the attorney reviewed were as follows.
The client explained that he had entered into a lease agreement with the plaintiff in this case three years earlier.
As the expiration date of the agreement approached, the plaintiff's daughter asked the client to accept an increase in rent and a shorter contract term as conditions for renewal.
The client declined the conditions requested by the plaintiff's daughter and stated that he would exercise his right to request a renewal of the contract.
The plaintiff, however, argued that the client had not exercised the right against her until one month before the expiration of the agreement and that the messages sent to the daughter could not be recognized as such.
The plaintiff then filed a building delivery lawsuit, in effect demanding that the client vacate the premises.
The client requested assistance in defending against the lawsuit.
2. A Building Delivery Lawsuit Explained by a Bucheon Real Estate Attorney
The client explained that a building delivery lawsuit had been filed against him. A building delivery lawsuit is generally a lawsuit filed by the building owner.
It is filed when a tenant, despite a request to vacate, does not leave and occupies the building without authorization.
Typical cases in which a building delivery lawsuit (🔗real estate eviction lawsuit) is filed are as follows.
2. When a person who is not the tenant unlawfully occupies the building
3. When the lease agreement has been terminated due to the tenant's default
The Right to Request Contract Renewal Explained by a Bucheon Real Estate Attorney
The client told the plaintiff's daughter that he would exercise his right to request a renewal of the contract.
The right to request contract renewal refers to a tenant's right to request renewal of the lease agreement and to extend the contract for two more years on the same terms as the previous lease.
The right to request contract renewal may be exercised only once, and it must be exercised against the building owner between six months and one month before the expiration of the contract.
3. A Bucheon Real Estate Attorney Defends the Lawsuit
The attorney defended against the building delivery lawsuit by making the following arguments.
Bucheon Real Estate Attorney: “In Substance, the Plaintiff's Daughter Managed the Building in This Case”
The attorney emphasized that, in substance, the plaintiff's daughter had managed the building in this case.
From the time of the initial contract, the client paid the management fees to the plaintiff's daughter, and whenever a defect arose in the building, he notified the plaintiff's daughter rather than the plaintiff.
In addition, the lessor's telephone number listed in the contract was the daughter's number, and the daughter handled all of the actual management.
Real Estate Attorney: “The Client Clearly Expressed His Intention to Exercise the Right to Request Contract Renewal”
The attorney emphasized that the client had clearly expressed his intention to exercise the right to request a renewal of the contract.
The client requested renewal of the contract by text message to the plaintiff's daughter and had also exchanged messages about contract renewal on several prior occasions.
The plaintiff then demanded an excessive increase in rent, and when the client declined, the plaintiff filed this building delivery lawsuit, claiming that the client had not exercised the right to request contract renewal against her before the expiration of the contract.
4. The Judgment Led by a Bucheon Real Estate Attorney
After reviewing the attorney's arguments, the court issued a judgment stating, “All of the plaintiff's principal and preliminary claims are dismissed. The plaintiff shall bear the litigation costs.”
The client was able to renew the contract for two more years on the same terms as the previous contract, and the plaintiff was made to bear all of the costs incurred in this lawsuit.
When a building delivery lawsuit is filed, as in this client's case, it is important to prove that there is no obligation to deliver the building.
If you entrust your case to a Bucheon real estate attorney, we will draw on extensive experience handling a range of cases to develop a response strategy suited to the client's case and provide assistance.
If you need assistance defending against a building delivery lawsuit or other litigation, we recommend requesting a 🔗attorney referral and seeking a consultation.
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.
