CONTENTS
- 1. The Client Who Sought Out the Changwon Law Office
- - How the Client Came to the Changwon Law Office
- 2. Laws Relevant to the Case, as Explained by the Changwon Law Office
- 3. The Changwon Law Office's Assistance
- - Changwon Law Office Argument ① Disadvantage in Exercising Property Rights
- - Changwon Law Office Argument ② Repeated Demolition Requests
- 4. The Court's Decision on the Changwon Law Office's Arguments
- - If You Need the Changwon Law Office's Help
1. The Client Who Sought Out the Changwon Law Office
The client wished to proceed with the matter together with a law office experienced in handling numerous real estate cases, and came to the Changwon attorney to explain the circumstances of the case.
How the Client Came to the Changwon Law Office
The account of the client who sought help from the Changwon law office is as follows.
While the client was living on land and in a building he had purchased, he discovered that the defendant (the user of the building in question) had encroached on his land and had unlawfully built a warehouse and a toilet.
The client asked the defendant to demolish the structures in order to resolve the problem, but the defendant refused and did not carry out any demolition at all.
As the defendant continued to occupy the structures unlawfully, the client, unable to leave the situation unaddressed any longer, decided to take legal action.
Seeking 🔗construction and real estate advisory from an attorney and looking for a solution, the client came to the Changwon attorney to ask for help.
2. Laws Relevant to the Case, as Explained by the Changwon Law Office
The client asked the Changwon attorney for help in bringing a building demolition lawsuit.
An administrative agency may issue a demolition order for an unlawful structure, and if the order is not complied with, the structure may be demolished through compulsory execution.
Building Act (Article 79(1))
A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, where a site or building violates the Building Act or any order or disposition issued under the Building Act, revoke the permission or approval granted under the Building Act, or order the building owner, contractor, site manager, owner, manager, or occupant of the building (hereinafter referred to as the "building owner, etc.") to suspend the construction, or set a reasonable period and order the demolition, reconstruction, extension, repair, change of use, prohibition of use, or restriction of use of the building, or any other necessary measure.
[1] Whether the owner of the site of an aggregate building may seek demolition of an exclusively owned section against a sectional owner who owns the exclusively owned section without a right to use the site (affirmative)
[2] Whether the fact that it is practically impossible to demolish only part of the exclusively owned sections constitutes a ground for dismissing the demolition claim (negative)
※ Building Demolition Lawsuit : A civil lawsuit seeking from the court the demolition of an unlawfully built building
3. The Changwon Law Office's Assistance
The Changwon attorney analyzed the precedents and the real estate laws and established a step-by-step strategy. The attorney presented the following arguments during the pleadings.
Changwon Law Office Argument ① Disadvantage in Exercising Property Rights
The client recently applied for a building permit from the competent district office in order to exercise his legitimate property rights, such as by constructing a new building on the land in question.
However, the building permit application was rejected on the ground that the defendant's unauthorized structure was occupying the land in question.
On this basis, the client emphasized that he was suffering substantial disadvantage in exercising his legitimate property rights because of the defendant's conduct.
Changwon Law Office Argument ② Repeated Demolition Requests
The client repeatedly requested the defendant to demolish the portion encroaching on the client's land, but the defendant has not complied to this day.
The client has the right to seek demolition of the building against the defendant, who claims to be the actual owner of the building in question.
In addition, the client emphasized that the defendant has not paid even a single won in land rent to this day while occupying the land without authorization and obtaining unjust gains.
4. The Court's Decision on the Changwon Law Office's Arguments
The court accepted the Changwon law office's arguments and issued a decision that 'the defendant shall demolish the wall in this case and deliver the land.'
The client expressed deep gratitude to the Changwon attorney.
If You Need the Changwon Law Office's Help
Real estate cases can be somewhat complex, as there are many factors to consider, such as the certified copy of the register, the contract, and the actual condition of the property.
In addition, various legal disputes may arise at the same time, including not only civil and criminal disputes but also the application of various administrative regulations, so it can be helpful to receive the assistance of an attorney.
At Daeryun, a 🔗real estate attorney who has handled numerous real estate lawsuits takes on the case and offers solutions tailored to the client.
If you need the assistance of an attorney in a situation similar to the case above, it is recommended to resolve the matter through a real estate attorney 🔗legal consultation booking.
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.
