Kim & Hyun · Main website ↗Real estate & construction한국어

REAL ESTATE & CONSTRUCTION / SEOUL

Possession, eviction and enforcement

Identify the actual occupier and the legal basis for ending the use of the property. If possession may change, consider interim protection. A judgment and court enforcement are separate stages.

Who actually occupies the property?

The tenant named in a contract may differ from the person living or operating there. Check the documents against the site and identify the precise property and respondent.

Has the right to occupy ended?

Review the lease, renewals, rent arrears, termination notice and proof of receipt. Keep records of the actual occupation and the scope of the premises.

Will the occupier change during the case?

An injunction restraining transfer of possession may preserve the target of enforcement where there is a real risk of change. Its benefit and cost depend on the circumstances.

Use the court process for enforcement

Ownership does not authorize changing locks, removing belongings or cutting utilities at will. If the other party does not leave voluntarily, court enforcement and associated removal or storage arrangements may be necessary.

Questions clients ask

Can I lock out a tenant who owes rent?

Taking matters into your own hands may create separate liability. Check termination and use the court process.

Is interim protection always needed?

Assess the actual risk of a change in possession and the practical benefit.

Does a judgment automatically clear the property?

If possession is not delivered voluntarily, enforcement may still be needed.

What happens when you contact us?

  1. Initial consultation. Explain your concern, deadlines and desired outcome.
  2. Document review. We identify the records available and the facts requiring proof.
  3. Strategy and engagement. Confirm the scope, responsible lawyer, initial fee, any applicable success fee and separate expenses before proceeding.
  4. Applications and submissions. Prepare the agreed documents and explain what each seeks to achieve.
  5. Hearings and responses. Review new evidence and the other party’s position as the matter progresses.
  6. Outcome and next steps. Explain the decision, any appeal deadline and whether enforcement or further action is needed.

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Start with the documents and the next deadline.

Tell us whether the immediate concern is the site, assets or an investigation.

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