Cheonan Civil Focused Attorney | Cheonan Civil Focused Attorney Leads a Favorable Outcome in a Provisional Attachment of Real Estate Lawsuit

The client in this case was in the middle of a claim for damages against the debtor, who had been the affair partner, after the marriage broke down due to the affair between the spouse and the adulterous partner (male).

During the lawsuit, the client learned that the debtor had no property other than the real estate and no ability to pay the damages.

Concerned that, if the debtor concealed the property by changing its title or disposed of it, execution would be impossible even if the client won the claim for damages, the client came to the Cheonan civil focused attorney and entrusted the provisional attachment of real estate lawsuit.

• What Is Provisional Attachment?

Provisional attachment is an execution-preservation system that, for the purpose of preserving the execution of a monetary claim or a claim convertible into money, freezes the debtor's property in advance and provisionally deprives the debtor of the power to dispose of that property.

The types of property subject to provisional attachment include provisional attachment of real estate, provisional attachment of ships, aircraft, automobiles, and construction machinery, provisional attachment of claims, provisional attachment of tangible movables, and provisional attachment of other property rights such as jeonse rights.

ex) purchase price, loaned money, bill amounts, check amounts, assigned amounts, construction payments, wages, claims for damages, and the like

- "Civil Execution Act" Article 276 (1)

※ For claims targeting property or rights other than monetary claims, such as claims for transfer or cancellation of registration of real estate ownership, claims for return of owned property, claims for delivery of the object of sale, and claims for delivery of a leased object, a "provisional injunction" rather than a provisional attachment must be applied for in order to preserve future execution.

- "Civil Execution Act" Article 300 (1)

• The Need for Provisional Attachment

There are cases in which a debtor, although able to pay the debt, disposes of all available property and then refuses to pay.

In such cases, a long time passes before the creditor files a lawsuit, wins, awaits the finalization of the judgment, and carries out execution, and if the debtor disposes of all of the debtor's property in the meantime, the creditor suffers significant loss by being unable to execute even after prevailing in the trial.

For this reason, a procedure is needed to temporarily freeze the debtor's property, so that the debtor cannot dispose of it before the trial becomes final, in order to secure the creditor's rights.

The Cheonan civil focused attorney confirmed that the debtor had no ability to pay the consolation money.

Because the debtor's only asset was real estate in the debtor's own name, the attorney argued that it should be secured so that the debtor could not dispose of it, in order to avoid hindering future execution.

The client is in the middle of a claim for damages against the debtor.

Because the debtor committed an affair with the client's spouse and thereby caused indelible suffering, this should rightly be paid.

The attorney argued that, to this end, it was necessary to provisionally attach the real estate, which was the debtor's only asset.

The case above was that of a client who, with the assistance of the Cheonan civil focused attorney, succeeded in obtaining a provisional attachment of real estate against the adulterous partner (male).

If a monetary claim has arisen against someone and recovery is needed, an application for provisional attachment should be made with the help of an attorney with relevant focus in order to prepare for situations in which the other party may conceal or dispose of property.

If you need a response in a situation like the case above, please obtain a consultation with the Cheonan civil focused attorney at Daeryun Law Firm.