Deals & Cases

Delivery (handover) of a building
Delivery (handover) of a buildingWinning the case (favorable judgment)

Seongnam Real Estate Law Specialist Attorney Assistance | Winning a Building Delivery Lawsuit

The client who came to the Seongnam real estate specialist attorney decided to pursue an eviction lawsuit against a tenant who had failed to perform a real estate contract and sought out the real estate specialist attorney at the Seongnam branch office.

1. How the Client Came to Seek the Seongnam Real Estate Law Specialist Attorney

The client who came to the Seongnam real estate specialist attorney requested assistance from the attorney at the Seongnam office in order to terminate the contract and recover the property from a tenant who had not paid rent for several months.

The Client Who Requested Assistance With an Eviction Lawsuit

The circumstances of the client who consulted with the Seongnam real estate specialist attorney were as follows.

The client, as the lessor of a commercial unit, had entered into a lease agreement with the defendant in this case approximately one year earlier.

When the defendant’s bank account transactions were suspended as a result of being a victim of fraud, the defendant pleaded that he would pay three months’ rent all at once.

Considering the defendant’s difficult position, the client agreed to this.

However, the defendant did not pay the rent even well after the promised three months had passed, and when the client made a request, the defendant asked for just one more month’s grace.

Accordingly, the client waited one more month, but the defendant began to avoid the client by ignoring the client’s contact attempts and not opening the doors of the business premises.

In the end, the client decided to pursue an 🔗eviction lawsuit in order to terminate the lease agreement and recover the property, and requested the assistance of the Seongnam real estate specialist attorney.

Statutes Relevant to Lease Agreements

If a person enters into a lease contract for a residence or a commercial building, the lessee must make payment each month in accordance with the terms of the contract.

However, if the lessee fails to properly perform this obligation and the payment is in arrears, the lessor has the right to terminate the contract.

▶ Article 640 (Delinquency in Rent and Termination)

In the case of a lease of a building or any other structure, where the amount of rent in arrears owed by the lessee reaches the amount of rent for two terms, the lessor may terminate the contract.

▶ Commercial Building Lease Protection Act, Article 10 (Request for Contract Renewal, etc.)

① Where the lessee requests a renewal of the contract during the period from six months to one month before the expiration of the lease term, the lessor may not refuse without justifiable grounds. However, this shall not apply in any of the following cases.

1. Where the lessee has been delinquent in rent in an amount reaching the amount of rent for three terms

2. Assistance Provided by the Seongnam Real Estate Attorney

After conducting a consultation with the client, the Seongnam real estate specialist attorney established a strategy to win the case.

Asserting the Right to Terminate the Contract

The defendant had failed to pay rent for four months.

It was emphasized that, because this constitutes a lawful ground for terminating the lease agreement, the client had the right to terminate the lease agreement without delay.

Asserting the Obligation to Deliver the Real Estate

Because the lease agreement in this case was lawfully terminated, the defendant is obligated to surrender the property to the client.

However, it was emphasized that the defendant has deliberately avoided the client and has, to date, failed to perform this obligation.

3. Result of the Seongnam Real Estate Attorney's Assistance: “Winning the Case”

The court, which accepted the arguments of the Seongnam real estate specialist attorney, rendered a judgment that “the defendant shall deliver to the plaintiff the building described in the attached list” and ordered the defendant to bear the litigation costs as well.

Building Delivery Lawsuit: If You Need Assistance

The case above was one in which a client who pursued litigation against a tenant who had been occupying the property while in arrears on rent for several months succeeded in having the property delivered with the assistance of the Seongnam real estate specialist attorney.

As in this case, if you are experiencing difficulties due to the occupation of property, obtaining the assistance of a specialist attorney and resolving the matter through litigation is the most reliable method.

At Daeryun Law Firm, 🔗specialist attorneys who have handled numerous real estate-related lawsuits and possess extensive know-how take on the client’s case and provide close assistance through to its resolution.

If you need legal assistance in a situation such as the case above, please entrust your case to the Seongnam real estate specialist attorney at Daeryun Law Firm at any time.

성남부동산전문변호사

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.

Delivery (handover) of a building: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney GyuHwa HWANG

GyuHwa HWANG

T. 070-7510-2016

Real estate lawyer

Attorney YongHwan CHOI

YongHwan CHOI

T. 070-5117-3709

Real estate lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Related Case Analysis / Legal Updates

View more

Previous

Suncheon Divorce Litigation Attorney | A Case in Which a Lawsuit for Damages for Emotional Distress Was Filed against the Adulterous Partner (Male) and the Wife, Recovering 80% of the Amount Claimed

Next

Anyang Law Office Assistance Case | A Client Sentenced to Four Years' Imprisonment for Statutory Rape of a Minor and Other Charges, a Suspended Sentence With the Assistance of Daeryun

View list
Quick Menu

Chat