I am looking for an attorney to help with a reconstruction eviction lawsuit.

Hello. I am a real estate specialist attorney at Daeryun Law Firm.

As in your situation, when requesting existing tenants to vacate to proceed with a reconstruction project, but some tenants refuse, it is a common procedure to legally resolve through an eviction lawsuit.

However, evicting tenants for reconstruction is difficult based solely on the building owner's demands. We first inform you that forced eviction is possible only when legal requirements and procedures are met.

First, before proceeding with an eviction lawsuit, the most important thing is to confirm the current state of the lease contract.

If the contract period has already expired or the contract has terminated without the exercise of the contract renewal request right, eviction request is possible. However, if the contract is in valid state, prior lawful termination notification must precede, and whether reconstruction can be legitimately recognized as grounds for termination must also be reviewed.

Additionally, whether the reconstruction is in a simple planning stage or has received legal authorization such as management disposition plan authorization is also important.

In simple planning stages without authorization, an eviction lawsuit based on reconstruction is difficult to be accepted, and there are many court judgments prioritizing tenant protection.

If authorization has been made, you can file an eviction lawsuit when tenants refuse voluntary eviction even after going through legitimate eviction notification and consultation on relocation compensation.

When proceeding with an eviction lawsuit, you file the complaint with the competent court and receive an eviction judgment through trial. In this process, lease contracts, termination notification, reconstruction authorization documents, eviction request records, etc. must be attached as supporting materials.

Even if the judgment is finalized, if the tenant continues to resist to the end, you can carry out the actual eviction through compulsory execution procedures by court bailiffs.

In reconstruction eviction lawsuits, there are often cases where tenants assert possession rights or raise issues about premium and relocation costs in response, so there are many legal issues compared to simple eviction lawsuits.

For this reason, before filing the lawsuit, it is important to receive legal review and assistance from an attorney to check whether the termination notification is lawful, the status of compensation negotiations, and reconstruction authorization procedures, and to analyze the possibility of winning the eviction lawsuit in advance.

In conclusion, in the current situation, proceeding with a reconstruction eviction lawsuit is correct, but before that, you must check the lease contract termination, the legality of the termination notification, reconstruction authorization status, and the relocation compensation negotiation history, and if possible, inducing voluntary eviction through consultation with the tenant is a way to reduce the burden of litigation.

Since the eviction lawsuit and compulsory execution take time and cost, in this process, if you receive assistance from an attorney specializing in real estate eviction lawsuits, all legal procedures from settlement representation and mediation procedures to lawsuits will be represented.

If you need the assistance of a real estate specialist attorney, please request a reconstruction eviction lawsuit consultation right away.