Claims Attorney Case | Assisting With a Provisional Attachment of Real Estate, Resulting in a Provisional Attachment Order

This is the client's account as understood by the credit attorney.

The client entered into a presale contract for a newly constructed villa and paid the down payment.

However, the land in question was a place where building permission for residential use had not been granted, so a villa could not be built there.

The builder had entered into the contract without disclosing this point in advance.

Moreover, when the client requested a return of the down payment, the builder refused.

Finding this outrageous, the client decided to resolve the matter through litigation and filed a damages lawsuit against the other party.

In addition, the client sought to file for a provisional attachment of real estate together, in order to prevent the other party from concealing assets.

The client requested the credit attorney's assistance in order to obtain help with both the damages lawsuit and the provisional attachment of real estate and to respond accordingly.

If, when conducting a suit on the merits such as a damages lawsuit or a claim for return of a loan in order to recover a claim, there is a concern that the other party may dispose of property in advance, it is important to prevent this through provisional attachment.

However, obtaining a provisional attachment decision does not mean that an auction can immediately be conducted on the other party's real estate to recover the claim; one must go through the procedure of prevailing in the suit on the merits and obtaining a collection order or a claim right.

The statutory provisions relating to provisional attachment are as follows.

When the debtor failed to obtain building permission for residential use, the debtor attempted to proceed with construction for commercial use without consulting the client.

This was one of the breaches of contract clearly specified in the contract.

The credit attorney emphasized the fact that the debtor had committed a breach of contract.

The fact that construction did not proceed was attributable to the debtor, who had entered into the contract without disclosing the restriction on the building permit.

As a result, construction did not proceed, and the obligation to return the sale price arose.

The claims attorney emphasized that, although there was an obligation to return the sale price, the debtor did not return it.

The debtor had almost no real assets, such as bank deposits, and held only real estate of his own.

If the debtor were to dispose of this in advance, recovery of the claim could be difficult even if the client were to win the damages lawsuit.

To prevent this, the credit attorney emphasized to the court the necessity of a provisional attachment of real estate.

This was a case in which assistance was provided to a client who, while pursuing a damages lawsuit, requested help with an application for provisional attachment of real estate in order to prevent the opposing party from concealing assets.

When pursuing disputes involving claims, including damages lawsuits, it is very important to file an application for provisional attachment in parallel so that the claim can be safely recovered after a favorable judgment.

At Law Firm Daeryun, a professional assessment of the client's situation is conducted from the consultation stage, after which a team of appropriate professionals is formed to provide assistance.

Through this, clients can receive accurate legal assessment, an appropriate solution, and prevention of subsequent problems together.

If you are facing a similar issue, you may seek help at any time through a 🔗legal consultation appointment.