This is an AI translated post.
Real Estate Possession Transfer Prohibition Injunction Suit (Dispute Story)
- Writing language: Korean
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- Base country: All countries
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Summarized by durumis AI
- As a landlord for over two years, I experienced stress due to rent defaults, but this tenant went into hiding, resulting in not only rent defaults but also a complete loss of contact, creating difficulties.
- Ultimately, during the preparation for an eviction lawsuit, a real estate possession transfer prohibition injunction lawsuit was filed, and relevant documents were prepared and submitted to the court.
- Upon receiving the injunction decision, it was sent to the tenant, and finally, contact was made, with the tenant responding that they would move out.
It's been about 2.5 years since I started as a landlord. I'm still at the 'landlord newbie' stage and have a lot to learn.
I'm writing this because I've encountered a tenant who's giving me a semi-forced opportunity to learn.
As a landlord, I've experienced many things over the years, but the most difficult task is not
getting overdue rent from tenants.
Thankfully, I've had tenants who have delayed their rent payments, but this is the first time I've ever had a tenant who completely went underground, so
I've been racking my brains about how to resolve this.
Stress from tenant's overdue rent payments is an inevitable part of running a rental business!!!
I believe that resolving this matter will greatly reduce the stress caused by overdue payments in the future.
This tenant has been making things difficult for us in a unique way, and going underground is a very difficult way to deal with.
It's a lot more frustrating than I thought, and it's very frustrating because I can't tell if my communication is getting through.
Since the rent payment was overdue for more than two months, the lease was terminated. I summarized the contents of the lease termination and sent a registered letter.
Usually, upon receiving a registered letter, the dry wording can
put pressure on tenants and resolve the conflict, but
our tenant remained silent, ignoring the registered letter even after receiving it.
I informed them of the termination of the lease via text message and decided to proceed with an eviction lawsuit.
I was stressed out when I decided to go ahead with the eviction lawsuit, but
I felt relieved once I actually started the process.
While studying related YouTube videos to prepare for the eviction lawsuit, I learned that
even if the lawsuit takes a long time and I eventually win and receive the court's decision,
I would have to file another eviction lawsuit if the property was transferred to someone else.
To prevent this, I needed to file a preliminary injunction prohibiting the transfer of property ownership before the eviction lawsuit.
A preliminary injunction prohibiting the transfer of property ownership is
a lawsuit that prevents the current tenant from transferring ownership of the property to someone else.
If I go ahead with the eviction lawsuit, I'll eventually have to go through a forced eviction, but actually
my goal is to get the tenant to change their mind and move out amicably, not
to go through the violent process of forcibly removing the tenant's belongings, so
I thought a preliminary injunction prohibiting the transfer of ownership would be effective.
If you search YouTube properly, you'll find many videos that explain the process of filing a preliminary injunction prohibiting the transfer of ownership.
I filed the lawsuit electronically after watching those videos.
It seemed like I could do it myself without hiring a lawyer.
https://youtu.be/tvGpKepGhow?si=walV7G6gnH4mfWI5
After uploading the necessary documents as instructed, I waited, and
the court issued a corrective order.
It's an order to correct the deficiencies in my application.
After submitting the corrective order,
the court ordered me to either deposit funds or
submit a payment guarantee trust contract (guarantee insurance) document to protect the debtor's (tenant's) rights.
I decided to take out guarantee insurance,
submitted the court order to Seoul Guarantee Insurance, went through the verification process, paid the guarantee insurance premium (15,000 won), and
the insurance documents were sent directly to the court.
The next day after I took out the insurance, I received a decision from the court prohibiting the transfer of ownership, and
after I sent the decision to the tenant, they contacted me, someone who I couldn't get in touch with, and said they would vacate the property and move out.