[Building Eviction Lawsuit Favorable Judgment Case] A Real Estate Attorney Assists With a Building Eviction Lawsuit and the Building Is Surrendered

The client who came to Daeryun Law Firm to bring a building eviction lawsuit was the lessor and owner of the apartment and had entered into a lease agreement with the defendant, who was the tenant.

As the expiration date of the lease agreement approached, the client conveyed to the defendant the intention not to renew the agreement any further, since the lease term was expiring.

The defendant pleaded with the client to renew the contract term for just one more year, and the client reluctantly renewed it.

However, even after one year, the defendant ignored the client's statement that the contract would not be renewed and did not respond to attempts to make contact.

The client therefore came to a Daeryun real estate attorney to bring a lawsuit.

■ Statutes Related to the Building Eviction Lawsuit

▶ Delivery of a Building, Eviction of a Building

[Commercial Premises]

Commercial Building Lease Protection Act Article 10-8 (Default in Rent and Termination)

Where the amount of rent in arrears by the tenant reaches the amount of 3 periods of rent, the lessor may terminate the agreement.

[Housing]

Civil Act Article 640 (Default in Rent and Termination)

In the lease of a building or other structure, where the amount of rent in arrears by the tenant reaches the amount of 2 periods of rent, the lessor may terminate the agreement.

Civil Act Article 615 (Borrower's Duty of Restoration and Right of Removal)

When the borrower returns the borrowed object, the borrower shall restore it to its original condition. Any object attached thereto may be removed.

Civil Act Article 617 (Period for Claims for Damages and Reimbursement of Expenses)

A claim for damages arising from use or profit in violation of the agreement or the nature of the object, and a claim by the borrower for reimbursement of expenses incurred, shall be made within 6 months from the date on which the lender receives the return of the object.

Civil Act Article 654 (Provisions Applied Mutatis Mutandis)

The provisions of Articles 615 through 617 shall apply mutatis mutandis to leases.

The client who brought the building eviction lawsuit had opposed the defendant's request to renew the contract.

Beginning 3 months before the contract term expired, the client had steadily and periodically conveyed the intention not to renew the contract, but the defendant ignored the client's wishes.

In the lawsuit, the Daeryun real estate attorney noted that the client had steadily opposed the defendant's request to renew the contract and had conveyed a refusal.

Even now, the defendant does not respond to the client's attempts to make contact.

Although there is a record of text messages and contact in which the client repeatedly asked the defendant to vacate the apartment by the expiration date, the defendant is deliberately avoiding this.

Citing the fact that the defendant is deliberately avoiding the client's contact, the Daeryun attorney argued that the defendant should surrender the building.

The defendant has been living as a tenant in the client's apartment up to the expiration of the lease agreement.

The Daeryun attorney therefore noted that, along with the expiration of the contract, the defendant has a duty under the law to surrender the building to the client.

The real estate attorney emphasized that the defendant should fulfill the duty to surrender the building to the client.

The client who came to Daeryun Law Firm for a building eviction lawsuit was able to have the building surrendered smoothly with the assistance of a Daeryun attorney.

Daeryun Law Firm provides prompt assistance toward the client's favorable judgment in real estate litigation.

If you need help as described above, you may entrust your case to a Daeryun Law Firm real estate attorney.