Construction Specialist Attorney | Favorable Judgment in a Surrender Claim Reclaiming Unlawfully Occupied Land

2026.01.26고병준

A construction specialist attorney was asked to advise on the surrender of land and the removal of facilities in a situation where land for which ownership transfer registration had been completed was being unlawfully occupied.

1. The Client Who Visited the Construction Specialist Attorney

The client who visited the construction specialist attorney was continually being obstructed in possession by the owner of a building adjacent to land for which the client had recently completed ownership transfer registration through a purchase.

Even after learning through a survey that the house the defendant had purchased partially encroached on the land in question, the defendant additionally installed solar power facilities and expanded the unlawful occupation.

The client made several requests for the surrender of the land and the removal of the facilities, but the defendant did not even respond, and the client ultimately filed a land surrender claim lawsuit through the construction specialist attorney.

The client who visited the construction specialist attorney

A Construction Specialist Attorney Explains the Land Surrender Lawsuit

A land surrender lawsuit is a procedure for claiming the vacating of the premises and restoration to the original condition when another person is unlawfully occupying your land or building.

Representative examples include a tenant who does not vacate after the contract has ended, a former owner who refuses to surrender possession after an auction sale, and an adjacent landowner who encroaches on a boundary.

Before litigation, it is important to prepare the following matters.

Preparatory Step	Description
Review of acquisitive prescription through possession	If the other party has occupied the real estate for 20 years or more, there is a possibility that ownership has been acquired through possession, so this must be confirmed in advance.
Application for a provisional injunction	To prevent unlawful disposal or transfer of possession, it is effective to apply for a "provisional injunction prohibiting disposal" or a "provisional injunction prohibiting the transfer of possession."
Sending certified mail	Recording the request for surrender in writing allows it to be used as favorable evidence in later litigation, and it can also place psychological pressure on the occupant.

A construction specialist attorney systematically carries out these procedures and the securing of evidence, helping to obtain a prompt and favorable judgment for the return of the land.

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2. Construction Specialist Attorney: Assistance for the Land Surrender Claim Lawsuit

The construction specialist attorney clearly proved the fact of the unlawful occupation of the land and established a strategy that also took into account the substantial recovery of losses, undertaking comprehensive assistance for the entire case.

Precise Analysis of the Unlawful Occupation and the Cadastral Encroachment

The construction specialist attorney compared and analyzed the certified copy of the real estate register, the cadastral map, and the survey results, and proved that the defendant's house and solar power facilities clearly encroached on the client's land.

Securing Evidence of the Unilateral Occupation and the Failure to Respond

The construction specialist attorney organized and submitted to the court evidence showing that the defendant had not responded at all to the certified mail and that the defendant had earned profits while installing a fence and structures over a long period.

Joinder of Claims for Delay Damages and Return of Unjust Enrichment

Going beyond a simple surrender claim, the construction specialist attorney also claimed the return of unjust enrichment for the period of occupation as well as delay damages, thereby jointly pursuing the substantial recovery of the client's losses.

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3. Result of the Construction Specialist Attorney's Assistance: Removal and Land Surrender Confirmed

Following the construction specialist attorney's assistance, a decision recommending reconciliation was issued, ordering the defendant to remove the fence and solar power facilities and to surrender the land to the plaintiff.

This decision also required payment of the loss amount upon becoming final, and required the defendant to bear delay damages in the event of delay.

With the construction specialist attorney's assistance, the client was able to resolve the dispute at an early stage while also recovering the economic loss, and was able to escape any further infringement of the land.

If You Need the Assistance of a Construction Specialist Attorney

A land surrender lawsuit is not a simple demand for the return of real estate, but a complex legal dispute over ownership and the right of possession.

In actual cases, the defendant often installs structures that cross the boundary or asserts a right to use the site, leading to sharp confrontation.

Cases involving unlawful occupation and encroachment of this kind cannot be resolved simply by checking the registration, and sufficient cadastral analysis, confirmation of the prescription period for possession, and the construction of supporting evidence are essential before litigation.

Daeryun Law Firm has construction specialist attorneys with extensive practical experience across construction, land, and real estate disputes, and provides strategic responses and one-stop service for various issues such as ownership transfer, infringement of possession, and surrender claims.

If you are experiencing difficulties with a land surrender matter, please find a practical solution through a 🔗legal consultation reservation.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.