Real Estate Occupancy Transfer Prohibition Provisional Disposition Lawsuit (Dispute Story)

I've been a landlord for about 2.5 years now. I'm still a newbie (imrinni) and have a lot to learn.

I'm writing this post because I've encountered a tenant who has, in a way, forced me to learn some valuable lessons.

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During my time as a landlord, I've experienced various situations, but I think the most challenging one has been

collecting unpaid rent from tenants.

Thankfully, I've had tenants who occasionally fell behind on rent, but this is the first time I've encountered a tenant who completely disappeared (went underground).

It's made me think a lot about how to best handle this situation.

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When running a rental business, tenant rent defaults inevitably lead to stress!!!

By successfully resolving this issue, I anticipate a significant reduction in future stress related to rent defaults.

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This tenant used a unique tactic to cause us trouble – going completely off the grid (going underground). It's a very difficult method to deal with.

It was frustrating and stressful, especially not knowing if they were receiving my messages. It was very frustrating.

First, I prepared a certified mail (content certification) detailing the termination of the lease agreement due to more than two months of unpaid rent.

Often, receiving a certified mail with its formal language can pressure tenants into resolving conflicts, but

our tenant remained unresponsive, ignoring the certified mail and continuing to remain silent.

Our tenant remained unresponsive, ignoring the certified mail and continuing to remain silent.

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I sent another notice of termination via text message and decided to proceed with an eviction lawsuit (eviction lawsuit).

Making the decision to pursue an eviction lawsuit was stressful, but

I felt relieved once I started the process.

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While researching eviction lawsuits on YouTube, I learned that

eviction lawsuits can take a long time, and even if I win and receive a court order,

if the tenant has transferred possession of the property to someone else, I would need to file another eviction lawsuit.

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To prevent this, I needed to file a preliminary injunction (prohibition of transfer of possession of real estate) before the eviction lawsuit, which

is a lawsuit that prevents the current tenant from transferring possession of the property to another party.

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If an eviction lawsuit proceeds, it eventually leads to forced eviction, but in reality

my goal was to get the tenant to change their mind and move out peacefully, not

go through the violent process of forcibly removing their belongings. Therefore, I believed that a preliminary injunction (prohibition of transfer of possession of real estate) lawsuit would also be effective.

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There are many YouTube videos explaining the procedures for a preliminary injunction (prohibition of transfer of possession of real estate) lawsuit.

I watched those videos and filed the lawsuit through the electronic court system (e-filing).

It seemed like I could handle it myself without hiring a lawyer.

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https://youtu.be/tvGpKepGhow?si=walV7G6gnH4mfWI5

After uploading the necessary documents according to the procedure in the video and waiting,

I received a correction order from the court.

It was an order to correct the deficiencies in the documents I submitted.

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After submitting the corrected documents,

the court ordered me to either deposit a sum of money (deposit) or submit a payment guarantee contract (surety insurance) document to protect the debtor's (tenant's) rights.

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I decided to purchase surety insurance and

submitted the court order to Seoul Guarantee Insurance, went through the authentication process, paid the insurance premium (15,000 won), and

the insurance documents were automatically sent to the court.

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The next day, I received the court's decision on the prohibition of transfer of possession of real estate, and

after sending this decision to the tenant, the tenant, who had been unreachable, contacted me and agreed to vacate the property and move out.