Real Estate Attorney | Case of Recovering a Building Through an Eviction Lawsuit Against a Long-Term Delinquent Tenant

The client was the owner of a five-story commercial building and entered into a lease agreement to lease the second floor of the building to tenant B (hereinafter the defendant).

The agreement was for a term of two years, and the client agreed to receive a fixed monthly rent from the defendant each month.

The defendant paid the rent normally for one year, but after that he began to continuously fail to pay the rent.

In response, the client conveyed his intention to terminate the agreement to the defendant and continuously attempted to make contact in order to receive the unpaid rent, but the defendant did not respond.

The defendant did not pay rent for about ten months, and the amount reached as much as 80 million won.

Even after the client sent a formal content-certified mail conveying his intention to terminate the agreement, the defendant continued to be in arrears on rent and to occupy the commercial unit, so the client concluded that a legal response was necessary.

Accordingly, he came to a real estate attorney at Daeryun Law Firm and requested the delivery of the building through an eviction lawsuit.

1) Assertion of the Client's Legal Rights Due to the Defendant's Nonperformance of the Agreement

In addition, the attorney submitted the client's records of managing the commercial unit and receipts for related repairs and equipment, thereby adding credibility to the fact that the client's monetary damage was severe.

The court recognized the following points.

Article 213 of the Civil Act (Right to Claim Return of Owned Property) and Article 214 (Right to Claim Removal of and Prevention of Interference with Owned Property), and the owner of the real estate holds the right to claim the return of the property from a person who is occupying it without legitimate authority.

1) Legal Preliminary Review of the Possession Relationship and the Feasibility of Eviction

A real estate attorney analyzes the case with a focus on the actual occupant, whether there is a sublease, and the possibility of a transfer of possession.

Through this, the attorney determines the need for a provisional injunction prohibiting transfer of real estate possession and, prior to the eviction lawsuit, first reviews who the current occupant is and whether there is any possibility of a sublease or transfer of possession.

2) Structuring of the Claim and Composition of the Briefs in Line with the Requirements of an Eviction Lawsuit

A real estate attorney organizes the grounds for termination of the contract, the unlawfulness of the possession, and the legal basis of the claim for delivery in line with the litigation requirements and reflects them in the complaint and preparatory briefs.

3) Procedural Management Premised on Compulsory Execution Following the Judgment

Following the judgment, a real estate attorney reviews the feasibility of execution by considering the stages up to the grant of the execution clause, the application for compulsory execution, and the court enforcement officer's procedure, and also prepares for the possibility of the opposing party's noncompliance or appeal.

If the eviction lawsuit procedure feels complicated, we recommend that you consult on a response direction suited to your current situation through a real estate attorney 🔗legal consultation reservation.