Law Firm Changchun represented A, the owner of a building, in an application for a provisional injunction prohibiting transfer of possession of the property and in an action against the tenant, B, for delivery of the premises and payment of unpaid rent, and obtained judgment in A's favor.
Around October 2020, A entered into a lease with B providing for a deposit of KRW ○○ million, monthly rent of KRW ○ million and a two-year term, and the lease was subsequently renewed once.
In 2023, A and B extended the lease on terms keeping the deposit and management fees unchanged while raising the monthly rent to KRW ○ million, but B had fallen into arrears on the rent on numerous occasions since the original lease was concluded.
Around August 2024, A accordingly sent B a certified letter terminating the lease and demanding payment of the unpaid rent.
Even after that, however, B neither delivered the building to A nor paid the rent, and Law Firm Changchun therefore acted for A in applying for a provisional injunction prohibiting transfer of possession of the property and in bringing an action for delivery of the premises and payment of the unpaid rent.
The court then entered judgment granting A's claims in full.
Because A would be unable to enforce even a favorable judgment on the merits if B transferred possession during the delivery proceedings — for instance by subletting the property to a third party — Law Firm Changchun first applied for a provisional injunction prohibiting transfer of possession before bringing suit against B, and by actively making out the right to be preserved and the need for preservation obtained a decision granting that application.
A thereby secured, through a favorable judgment on the merits, the means to take delivery of the property from B and to recover the unpaid rent as well.
Law Firm Changchun provides legal services designed to protect our clients' interests to the fullest in real estate disputes.