[Assistance of a Real Estate Civil Litigation Attorney] A Favorable Judgment Won on a Rent Claim with the Assistance of an Attorney in Real Estate Civil Litigation

The client who came for real estate civil litigation was a lessor who owned a building.

Last year, the client entered into a lease agreement with the defendant, the lessee, and leased the building to the defendant.

The defendant, who initially paid rent steadily, stopped paying rent at a certain point.

Having gone without receiving rent for 7 months, the client decided to pursue real estate civil litigation and came to Daeryun Law Firm.

■ Statutes relevant to the case, explained by the real estate civil litigation attorney

[Commercial premises]

▶Commercial Building Lease Protection Act, Article 10-8 (Delinquency in Rent and Termination)

Where the amount of rent in arrears by the lessee reaches the amount of rent for three terms, the lessor may terminate the agreement.

[Housing]

▶Civil Act, Article 640 (Delinquency in Rent and Termination)

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

▶Civil Act, Article 615 (Borrower's Duty to Restore to Original State and Right to Remove)

When the borrower returns the borrowed object, the borrower shall restore it to its original state. The borrower may remove any object attached to it.

▶Civil Act, Article 617 (Period for Claiming 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 received 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 lease.

The real estate civil litigation attorney noted the fact that the client had clearly demanded that the defendant pay the rent.

From the point at which the defendant stopped paying rent, the client demanded payment of the rent from the defendant on several occasions over a period of 7 months.

The real estate civil litigation attorney argued that the defendant had not paid the rent despite the client's communication of the intent to have the rent paid.

In the real estate civil litigation, the defendant had not fulfilled the obligation to pay rent to the client, the lessor.

Although the agreement was concluded through the lease agreement between the defendant and the client, the defendant evaded payment for 7 months.

The real estate civil litigation attorney argued that the defendant had failed to perform the obligation to pay rent that arose under the lease agreement, and that the defendant had an obligation to pay this to the client.

The defendant in the real estate civil litigation did not pay rent to the lessor for 7 months.

The client contacted the defendant beginning one month after the rent went unpaid, but the defendant continued to evade contact thereafter.

The real estate civil litigation attorney pointed out that the defendant had been delinquent in rent for a long period of more than 7 months.

This is a case in which, with the assistance of a real estate civil litigation attorney, the client was able to recover the full amount of rent that had not been paid by the lessee.

Daeryun Law Firm assists clients with the seasoned experience of attorneys focused on real estate civil litigation and with Daeryun's prompt and systematic processes.

If, like the client in the case above, you have suffered from not being paid rent for a long period, you are encouraged to consult with an attorney focused on real estate civil litigation at Daeryun Law Firm.