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Eviction & Property Delivery Claim:

For Landlords, This Very Moment is the Fastest Start

Lease expiration, rent arrears, unauthorized occupation... The longer you fail to recover your property, the greater your losses grow like a snowball. The key to an eviction and property delivery claim is 'speed'.

An eviction and property delivery claim is a lawsuit filed by the owner of a building or land requesting the court to order a tenant or illegal occupant who has lost the right to possess to return the property. In legal practice, it is referred to by various names such as 'building eviction lawsuit', 'property delivery claim', or 'claim for return of property', but all share the same meaning.

Article 213 of the Civil Act stipulates that an owner may demand the return of property from a person in possession. However, if the possessor has a legitimate right of possession, return may be refused. Therefore, the core of an eviction claim lies in proving that the opposing party's right of possession has been extinguished.

When You Face Such Situations:

• Tenants who refuse to leave even after the lease term has expired.
• Tenants who have fallen behind on rent for several months.
• Unauthorized subletting or occupation by third parties.
• Daily accumulation of rental losses and unbearable anxiety.

How It Changes:

Through an eviction claim, you can definitively recover your rights as a property owner. If the tenant does not voluntarily vacate after the judgment, you can recover the property through compulsory enforcement.

There are four representative situations where a landlord should consider an eviction and property delivery claim:

1. Expiration of Lease Term: Tenants who do not vacate after contract termination. The key issue is whether the notice of refusal to renew was properly executed.
2. Rent Arrears: When rent is in arrears for 2 periods or more, an eviction claim can be filed after terminating the contract. Proving the arrears is crucial.
3. Unauthorized Occupation / Subletting: When a tenant sublets without authorization or occupies the building without a contract.
4. Failure to Vacate After Auction Purchase: When acquiring ownership through a public auction, but the existing occupant refuses to vacate.

• STEP 01: Sending Content-Certified Mail (Notice)
• STEP 02: Applying for Provisional Seizure Prohibiting Transfer of Possession
• STEP 03: Filing the Eviction Lawsuit The complaint includes party information, statement of claims, cause of action, value of the subject matter, and evidentiary methods. Once served, the defendant must submit an answer within 30 days.
• STEP 04: Hearing & Judgment Judgment is typically rendered after 1–2 hearings. If the defendant fails to submit an answer, a summary judgment may be issued early. The total duration is approximately 4 to 6 months.
• STEP 05: Compulsory Enforcement (If Necessary) If the tenant still refuses to vacate after a favorable judgment, compulsory enforcement is requested through the court enforcement officer.

• Court Disbursement Costs: Approx. 500,000 ~ 1,000,000 KRW (including stamp duty, service fees, locksmith, postage, etc.)
• Provisional Seizure & Content Certification: 0 KRW when retaining legal representation.
• Compulsory Enforcement: Separate contract.

An eviction claim does not end simply by filing a complaint. Professional judgment is required at every stage: determining lawful termination of the lease contract, identifying the exact occupant, timely filing of provisional seizure, responding to service delays, and preparing for post-judgment enforcement. Without proper handling, lawsuits can be dismissed or delayed by months.

• Timing is Everything: The longer you delay while negotiating with tenants, the more rental losses accumulate.
• Verify the Occupant: Accurately identify who currently possesses the building.
• Ensure Lawful Contract Termination: Comply with statutory notice periods under the Housing/Commercial Lease Protection Act.
• Prepare for Service Delays: Have strategies ready if the complaint cannot be easily served to the defendant.