Gunsan Real Estate Attorney Win | A Client Who Won a Land Delivery Lawsuit With the Assistance of Daeryun

The detailed circumstances explained by the client are as follows.

About 40 years ago, when the client's father purchased the land at issue in this case, he allowed a friend to farm on it. The friend then farmed on the land together with his spouse.

As the years passed, both the client's father and the friend died, and the friend's son, the defendant, continued to use the land.

The client requested by telephone that the defendant "no longer use the land," and the defendant replied that he "had heard about it from his mother" and that he "would acknowledge anything that was wrong."

However, seeing that the defendant continued to use the land, the client called again to take him to task.

The defendant claimed that the land was his own and replied, "Do not resolve the matter by telephone any longer; take it to court."

Currently, the defendant has installed black plastic sheeting on the land, apparently in order to plant crops.

Accordingly, the client sought to proceed with a land delivery lawsuit against the defendant, who was occupying the land without any legal entitlement.

Unauthorized occupation of land refers to the act of another person using or occupying land without the owner's consent. This is a tort that infringes upon the owner's property rights.

The problem of unauthorized occupation of land is quite serious. First, the owner becomes unable to use the land, which causes the owner significant loss, and accidents or disputes arising on the land used by the unauthorized occupant may also lead to conflicts between neighbors.

This can be resolved through a land delivery lawsuit. A land delivery lawsuit refers to a lawsuit demanding the restoration to the original state or the return of land that another person is unlawfully occupying and using.

Before commencing a land delivery lawsuit, the landowner must inform the unauthorized occupant of the grounds for delivery of the land and the basic matters concerning the delivery, through a certified content mail or similar means.

In addition, before the lawsuit, the owner should file an application for a provisional injunction prohibiting the transfer of possession of real estate so that the unauthorized occupant cannot transfer possession to a third party during the lawsuit.

A land delivery lawsuit may need to be conducted together with a building demolition lawsuit or a boundary determination lawsuit, and a lawsuit for the return of unjust enrichment may also be filed.

(※ 🔗An eviction lawsuit is a lawsuit filed against an unauthorized occupant of a building.)

Although the defendant continued to claim that the land at issue was his own, the land that the defendant actually owns is a different parcel of similar size adjoining it.

The attorney emphasized that the defendant was occupying, without authorization, the client's land, which is very close to the land that the defendant actually owns.

Although title to the land at issue clearly belonged to the client, the defendant was engaging in unauthorized occupation, such as by cultivating crops on the land at issue in this case.

The attorney argued that, although the client had put up a sign prohibiting unauthorized occupation, the defendant was clearly committing a tort by removing and ignoring it.

If you learn that someone is unlawfully occupying your land and you intend to file a lawsuit, the complaint must set out in detail the defendant's personal information and the grounds for filing the suit.

In addition, you must determine whether the person who unlawfully occupied the land obtained any monetary benefit by occupying it, and if so, you must also present evidence capable of proving that.

In that way, you can claim the return of the unjust enrichment obtained by the person who unlawfully occupied the land, or, if there was damage to the land, you can claim damages.

However, because this process can be cumbersome and difficult for an individual, it is advisable to undertake a land delivery lawsuit together with an attorney specializing in this area.

Daeryun LLC operates a 🔗Construction and Real Estate Group, in which attorneys with prior experience serving as judges, prosecutors, or police officers, as well as attorneys registered as real estate specialists with the Korean Bar Association, actively assist clients toward a favorable outcome.

If you are experiencing difficulty in a related matter, please feel free to request a 🔗legal consultation at any time.