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Eviction

Eviction

Eviction in Busan: do not remove the occupant yourself

An eviction lawsuit is how an owner or landlord asks the court for delivery of a building when the lease has ended or the occupant has no right to it. If the occupant stays after judgment, a court bailiff hands over possession by delivery execution under Civil Execution Act, Article 258.

You cannot remove a tenant yourself

Even if the lease has ended or the occupant has no right to stay, opening the door and taking out their belongings can expose you to criminal liability. You must win a delivery judgment in court and recover the property through a court bailiff.

We first apply for an injunction against transfer of possession so the occupant does not change during the suit, and carry on to delivery execution after judgment in one continuous process. A Law Firm Yulmaru attorney handles the case personally from the start.

To consult in Changwon or Seoul: Changwon Office · Seoul Office

    CASE.1

    Identifying the occupant and organizing evidence

    If you name the wrong occupant, the judgment cannot be enforced, so we start by confirming who actually occupies the property.

    CASE.2

    Injunction against transfer of possession

    If the occupant changes during the suit you may have to sue again, so we apply before or together with filing.

    CASE.3

    Lawsuit for delivery of the building

    Along with delivery, we claim unpaid rent and an amount equal to rent until delivery.

    CASE.4

    Delivery execution

    If the occupant still does not leave after judgment, a court bailiff hands over possession.

    How your case proceeds

    Termination notice

    We send the ground for termination and the demand to vacate by certified letter

    Injunction

    We first apply for an injunction against transfer of possession

    Delivery lawsuit

    We claim delivery together with unpaid rent

    Delivery execution

    We obtain an execution clause and apply to the court bailiff

    Grounds for ending a lease

    Ground Standard
    Unpaid rent (housing and general buildings) The lease can be terminated when arrears reach 2 periods of rent
    Unpaid rent (commercial) The lease can be terminated when arrears reach 3 periods of rent
    Expiry (housing) Notice refusing renewal must be given from 6 months to 2 months before expiry
    Unauthorized sublease The lease can be terminated if the tenant sublets without the landlord's consent
    Possession without right The owner can demand return from a person with no right to possess

    Basis: Civil Act, Articles 640, 629, and 213; Commercial Building Lease Protection Act, Article 10-8; Housing Lease Protection Act, Article 6

    Eviction Frequently Asked Questions

    QWhich court handles an eviction case in Busan, and what is the order of steps a busan eviction lawyer follows?
    A

    You file with the main Busan District Court, the East Branch, or the West Branch, whichever covers the district where the building is, or with the court for the tenant's address (Civil Procedure Act, Articles 20 and 2). A busan eviction lawyer usually proceeds with a termination notice, an injunction against transfer of possession, a lawsuit for delivery of the building, and delivery execution after judgment, claiming unpaid rent and an amount equal to rent until delivery at the same time.

    QThe lease term has ended but the tenant will not move out. For a house, when should I have given notice?
    A

    The landlord must give notice refusing renewal from 6 months to 2 months before expiry; otherwise the lease is treated as renewed for 2 years on the same terms (Housing Lease Protection Act, Article 6). Even with notice, if the tenant requested renewal within that period, the landlord cannot refuse without a statutory reason such as moving in personally (the same Act, Article 6-3). We first check the date and method of your notice.

    QA tenant behind on monthly rent paid only part of the arrears. Can I still terminate?
    A

    Arrears must equal 2 periods of rent (3 for commercial leases) at the moment your termination notice arrives (Civil Act, Article 640; Commercial Building Lease Protection Act, Article 10-8). If a partial payment brought arrears below that level, you cannot terminate at that point; conversely, a payment made after the notice arrives does not undo the termination, so send notice as soon as arrears reach the threshold.

    QThe tenant's family member or employee is living there, not the tenant. Whom do I sue?
    A

    It depends on the actual possession. Someone like the tenant's family member or employee who uses the property under the tenant's direction is a possession assistant, so suing only the tenant is enough (Civil Act, Article 195); but if the tenant sublet without consent and another person uses it independently, you must also name the subtenant as a defendant to enforce (Civil Act, Article 629). Before filing, we confirm the occupant on site and through resident and business registration.

    QWho pays the cost of delivery execution?
    A

    Compulsory execution costs are borne by the debtor and are recovered first through the execution (Civil Execution Act, Article 53). However, the creditor first pays the bailiff's fee, labor costs, and storage of belongings and later collects them from the debtor, and remaining belongings are handed to the debtor or stored at the debtor's expense and, if not collected, sold with court permission (the same Act, Article 258).

    QThe tenant says, "I won't leave until I get my full deposit back." What happens in the lawsuit?
    A

    You can still claim eviction, but if deposit remains to be returned after deducting unpaid rent and similar items, the court may order delivery in exchange for paying that amount (Civil Act, Article 536). So before filing, we tally unpaid rent, maintenance fees, and restoration costs to fix the deduction, and prepare to pay the remaining deposit at execution.

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