Background
Where an occupier refuses to vacate a building after the lease has ended, a delivery action is required. But if possession changes hands during the proceedings, even a hard-won judgment can become unenforceable. Our client faced exactly that risk.
What Was at Stake
To preserve the effectiveness of the judgment, an injunction prohibiting transfer of possession of the property is needed to tie the occupier down in advance. The key was to secure that injunction in good time.
How Changchun Helped
Changchun (attorneys Jaesun Yoon, Woojin Kim, Byungtaek Yoo and Sungjoong Kim) applied for an injunction prohibiting transfer of possession alongside the delivery action, and obtained the court's decision granting it. That prevented the occupier from handing the building to anyone else and secured the enforceability of the eventual judgment.
The safest course is to obtain an injunction prohibiting transfer of possession before starting a delivery action. In delivery disputes, where the procedure is complex, the case shows that taking the steps in the right order is the key to realizing a right. (Outcomes depend on the facts of each case and may differ.)