[Success Case] Recovering Rent Income through Attachment Concurrence - A Swift Execution Strategy to Protect Repayment Sources

In real estate finance and collateral trust structures, rental income serves as the primary source for interest repayment to lenders. But what happens if this source is threatened by a third-party creditor? Today, we introduce a successful case where we utilized the complex legal doctrine of "Attachment Concurrence (압류경합)" to protect our client's valuable repayment funds.

The lenders (our clients) were using rental income from a trust property as their repayment source. However, a third-party creditor of the borrower suddenly obtained an 'Attachment and Collection Order' against the tenants (third-party debtors) and even filed a lawsuit for collection.

If the tenants had paid the rent to the third-party creditor, the lenders would have lost their crucial source of interest repayment. This was a high-difficulty case that required immediate preservation and collection countermeasures.

Our legal team immediately analyzed the rights involved through credit, real estate, and asset inquiries. The key was to trigger 'attachment concurrence' before the third-party debtors (tenants) could pay any other creditor. According to execution laws, once attachments concur, the third-party debtor cannot arbitrarily pay any single creditor.

We established and executed the following 'Step-by-Step Execution Roadmap':

1. Securing Execution Titles: First, we swiftly secured an enforceable Notarial Deed (공증) to lay the foundation for compulsory execution.
2. Applying for Attachment and Collection Orders: Based on the notarized deed, we immediately applied for attachment and collection orders on the rental income.
3. Litigation Participation: We actively participated in the third-party creditor's ongoing collection lawsuit to assert our rights over the entire amount.

Through meticulous strategy and swift execution, we achieved the following results:

• Preemptive Attachment Concurrence: We successfully secured attachment concurrence right before the tenants paid the third-party creditor, preserving the effectiveness of the rent recovery.
• Normalizing Recovery Funds: By participating in the collection lawsuit and seeking payment of the full amount, we re-established a practical basis for recovering the repayment funds that were nearly lost.

This case demonstrates our consistent execution expertise—from securing notary deeds to attachment, collection, and litigation—proving our ability to recover debts even in complex attachment concurrence scenarios.

If the rent or debt that should be yours is attached by a third party, do not panic. Seek professional help immediately. Whether or not you can recover your funds depends on how quickly you can utilize legal mechanisms like attachment concurrence. Hoam Law Office will protect your valuable assets to the end based on our extensive experience in execution practice.