How do I proceed with real estate compulsory execution?

Hello. I am a real estate specialist attorney at Daeryun Law Firm.

Real estate compulsory execution is a procedure conducted to actually realize the judgment as a right when the other party does not perform the contents of the judgment despite winning a civil lawsuit.

Many people think that all procedures are over once they receive the judgment, but if the other party does not voluntarily make payment or delivery, rights can only be realized through compulsory execution.

To proceed with compulsory execution, an enforcement title is first required. An enforcement title means a document that publicly proves the creditor's right and the debtor's obligation, with a finalized judgment being a representative example.

A judgment is finalized only after the appeal period passes or all final appeal procedures are completed, and compulsory execution is possible only after finalization. In addition, mediation protocols, settlement protocols, and payment orders can also serve as enforcement titles.

If you have secured an enforcement title, next you must obtain an enforcement clause. An enforcement clause is a document that proves that the creditor can carry out compulsory execution against the debtor according to the relevant judgment or decision. It can be issued by the competent court, and only after the enforcement clause is granted can you commence the actual compulsory execution procedure.

For real estate compulsory execution, it is important to accurately identify the debtor's asset situation.

If the debtor owns real estate, execution is conducted by applying for compulsory auction of the real estate.

For this, ownership is verified through the certified copy of the registry, and if necessary, other assets such as deposits or wages can also be investigated through requests for financial transaction information.

The method of compulsory execution varies depending on the type of debtor's assets.

Compulsory auction proceeds for real estate, and bond seizure and collection orders or assignment orders are utilized for deposits or wages.

For example, if a judgment was received on a monetary claim and the debtor owns an apartment, execution is conducted by auctioning that real estate and receiving repayment from the sale proceeds.

In practice, there are many cases where debtors hide assets or transfer them to third parties to avoid compulsory execution.

In such cases, the right of subrogation by the creditor or the right to revoke fraudulent acts can be exercised to bring the assets back to be subject to execution. However, this requires a separate lawsuit and complex legal review, so the assistance of an expert is essential.

Real estate compulsory execution is a legal procedure that requires comprehensive review of execution possibility, senior rights relations, and auction practical benefits.

In particular, if the debtor owns multiple assets or hides assets, substantial recovery of rights may be difficult without the assistance of a real estate specialist attorney.

A winning judgment is not the end but the beginning of right realization, so it is important to consider the possibility of compulsory execution after judgment from the litigation stage and establish a response strategy with a real estate specialist attorney.