Kim & Hyun · Main website ↗Real estate & construction한국어

REAL ESTATE & CONSTRUCTION / SEOUL

Provisional attachment and injunctions

Start with what needs protection. A monetary claim may call for provisional attachment, while changes to title, occupation or a construction site may call for an appropriate injunction. Both require evidence of the right and the need for interim protection.

What needs attention first?

This checklist suggests a review priority, not the likelihood of winning. Answers stay in this page and are not submitted.

Is a sale or additional mortgage being arranged?
Are funds or recoverable receivables moving quickly?
Could another person take possession?
Will construction or demolition change the current condition?
Do you have the basic contract, title or payment records?

Which procedure fits the right?

Provisional attachment preserves future enforcement of a monetary claim. An injunction restraining disposal can protect a specific property right; an injunction restraining transfer of possession addresses changes in the occupier. An order that effectively grants final relief before trial requires particularly careful justification.

What evidence establishes urgency?

Non-payment alone may not explain why interim protection is needed. Combine the contract and transaction records with dated evidence of a proposed sale, asset transfers, a change of occupier or imminent work at the site.

Choose the asset and respondent carefully

Consider prior-ranking security and actual enforcement value, and avoid excessive attachment. For an injunction, identify who controls the property, occupation or work and exactly what conduct should be restrained.

An order must still be implemented

The Civil Execution Act provides a two-week enforcement period from notification of an attachment order to the creditor. Relevant attachment rules also apply to injunctions. Check the particular order, notification date and required enforcement method immediately; obtaining an order and completing enforcement are separate steps.

Questions clients ask

Does attachment pay the debt immediately?

No. It preserves assets for future enforcement and does not finally determine or pay the claim.

Does an injunction against transfer of possession complete an eviction?

No. The substantive possession claim and any subsequent enforcement remain separate.

Can an unjustified application create liability?

Wrongful interim measures may result in a damages issue. Assess the legal basis, scope and risks before applying.

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.

Lawyer profiles · Other practice areas

Start with the documents and the next deadline.

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

Arrange a consultation ↗