Real Estate Law Office Assistance | A Real Estate Attorney Wins a Land Delivery Lawsuit

The client who came to the real estate law office requesting help had inherited the land at issue and had also completed the registration of ownership transfer.

Without the client's permission, the defendant built a house on the land at issue and resided there, occupying the land without authorization, and even refused the request of the client, who had come to the real estate law office, to use the land after entering into a lease agreement.

The client requested the help of Daeryun Law Firm, a real estate law office, in order to recover the unjust enrichment the defendant had obtained from the land at issue and to demand the demolition of the house.

Delivery of land refers to restoring to its original state or returning land that another person is unlawfully occupying and using.

A land delivery lawsuit may be needed in situations such as the following.

- When a person wins a successful bid at auction but the existing occupant refuses to vacate

- When a person is occupying real estate without authority

- When a tenant enters into a sublease agreement with a third party without authorization

- When a person does not vacate upon the termination of a lease agreement

Before commencing a land delivery lawsuit, the landowner should notify the unauthorized occupant of the grounds for the delivery of the land and the basic details regarding the delivery, through means such as a certified statement of contents.

The landowner should also file an application for a provisional injunction on the transfer of real estate possession before the lawsuit, so that the unauthorized occupant cannot transfer possession to a third party during the lawsuit.

As in the case of the client who came to the real estate law office, a land delivery lawsuit may need to be pursued together with a building demolition lawsuit or a boundary determination lawsuit, and a lawsuit for the return of unjust enrichment may also be filed.

The defendant in this case argued that he had built and purchased the building before the land was inherited by the client, but the defendant had built a building without authorization on the land owned by the client and resided there.

The defendant did not know who the owner of the land was, and he was deceived by persons posing as the landowner and paid a land rent. This means that the defendant had not purchased a building from the client, who had requested the help of the real estate law office.

In accordance with the assistance of Daeryun, the real estate law office, the court ordered the defendant to demolish the building on the land at issue and deliver the land, and to pay rent until the date the demolition of the building and the delivery of the land were completed.