[Seongnam Law Office Assistance Case] Successful Recovery of a Building From a Tenant Who Fell Behind on Rent and Became Unreachable

This is the case of a client who came to the Seongnam law office.

The client was in a landlord-tenant relationship, having entered into a lease with the defendant in this case.

At the time of the contract, the client had set a ground for termination as a special clause, providing that "the contract may be terminated upon a delinquency of two installments of rent."

The defendant had previously fallen two months behind on rent, but the client had let it pass once with a warning.

Nonetheless, the defendant has now fallen seven months behind on rent and has even become unreachable.

The client decided to bring a building delivery lawsuit against this defendant and came to the Seongnam law office of Daeryun Law Firm.

Delivery of a Building

[Commercial Premises]

Commercial Building Lease Protection Act Article 10-8 (Delinquency in Rent and Termination)

Where a tenant's arrears in rent reach the amount of three installments of rent, the landlord may terminate the contract.

[Housing]

Civil Act Article 640 (Delinquency in Rent and Termination)

In a lease of a building or other structure, where a tenant's arrears in rent reach the amount of two installments of rent, the landlord may terminate the contract.

Civil Act Article 615 (Borrower's Duty to Restore and Right to Remove)

When a borrower returns a borrowed item, the borrower must restore it to its original condition. The borrower may remove any object attached to it.

Civil Act Article 617 (Period for Claiming Damages and Reimbursement of Expenses)

A claim for damages arising from use or benefit in violation of the contract or the nature of the subject matter, and a claim by the borrower for reimbursement of expenses incurred, must be made within six months from the date the lender receives the return of the item.

Civil Act Article 654 (Provisions Applied Mutatis Mutandis)

Articles 615 through 617 apply mutatis mutandis to leases.

The client had contacted the defendant several times during this period and adequately conveyed an intent to terminate the contract by telephone.

The attorney argued that the defendant, however, was avoiding contact and refusing to deliver the building.

Under the lease, the contract could be terminated where the arrears in rent reached the amount of two installments of rent.

With the client's notice of termination, the lease in this case can be said to have ended.

Accordingly, the attorney argued that the defendant had a duty to deliver the building to the client.

The attorney argued that the defendant had a duty to return, as unjust enrichment, the benefit equivalent to the rent that accrued during the period of delinquency up to the date delivery of the building was completed.

The case above was that of a client who successfully brought a building delivery lawsuit against a tenant who fell behind on rent and refused to deliver the building.

The attorneys of the Seongnam law office draw on extensive experience to guide a client's case to a more favorable position.

If you need a building delivery lawsuit as described above, you may reach out to the Seongnam law office of Daeryun Law Firm.