Call
Book a Visit
Blog
YouTubePRACTICE AREASLaw Firm Yulmaru
Land delivery and building removal in Busan: recovering your land
Against someone who occupies your land or keeps a building on it without right, you claim land delivery and building removal under Civil Act, Articles 213 and 214, plus ground rent as unjust enrichment. The other side may assert statutory superficies or acquisitive prescription, so rights are examined first.
Someone else's building on your land: claim removal and delivery together
When rights change through the end of a lease, an auction, a sale, or co-ownership, another person's building or an occupant can be left on your land. We claim removal, delivery, and payment for the use of the land in one lawsuit.
The other side often raises a statutory superficies or acquisitive prescription, so we start with the registration history and how possession began. A Law Firm Yulmaru attorney handles the case personally from the start.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Rights analysis
We check the registration history and how possession began
Notice and injunction
We demand removal and apply for an injunction
Lawsuit and appraisal
Survey and rent appraisals fix the area and ground rent
Enforcement
Removal by substitute execution and delivery of the land
Defenses the other side raises
| Defense | When it is recognized |
|---|---|
| Statutory superficies | The building existed when the mortgage was created, and the land and building had the same owner |
| Acquisitive prescription by possession | Peaceful and open possession with intent to own for 20 years |
| Right to demand purchase of structures | A land lease for owning a building ended at expiry and the building remains |
| Land lease for a registered building | The tenant of land leased for owning a building has registered the building |
Basis: Civil Act, Articles 366, 245, 643, 283, and 622
Land and Removal Frequently Asked Questions
QIn a building removal lawsuit, do I sue the building owner or the person actually using it?
The defendant in a building removal suit is the owner with authority to dispose of the building, or, for an unregistered building, the person with de facto power of disposal. For land delivery, you sue both the building owner and the actual occupant (Civil Act, Articles 213 and 214). A busan building removal lawyer confirms registration and on-site possession first, because a judgment against the wrong defendant cannot be enforced, and considers an injunction against disposal so the building is not sold during the suit.
QMy neighbor built a storage shed on part of my land. Who does the survey, and how?
In the lawsuit, the court orders a survey appraisal to fix the encroached area. If you apply for a boundary restoration survey before filing to confirm the encroachment, it is easier to set the scope of the claim, and appraisal costs are part of litigation costs borne by the losing side (Civil Procedure Act, Article 98). Also collect records of when the shed was built, to prepare against an acquisitive prescription claim.
QAfter I bought the land, I found the previous owner let a neighbor use it as a path. Can I stop it?
A neighbor who cannot reach a public road without crossing that land may have a right of passage over surrounding land (Civil Act, Article 219), so blocking passage itself is difficult and the claim turns to compensation for the loss. If another route exists and the path is used only for convenience, you can claim delivery of the land and a ban on passage. We check the contract records to see whether the previous owner's permission was a lease or a loan for use.
QI won the building removal lawsuit but the other side will not remove it. Can I tear it down myself?
Do not demolish it yourself; obtain a court decision for substitute execution. Removal is an act a third party can perform in place of the debtor, so on the creditor's application the court has it carried out at the debtor's expense (Civil Act, Article 389(2); Civil Execution Act, Article 260(1)), and you can also apply for a decision ordering advance payment of removal costs (the same Article, paragraph 2).
QThe land is co-owned, and another co-owner built a building and uses it alone. Can I demand removal?
If one co-owner uses the whole co-owned property alone without the others' consent, the other co-owners can claim the benefit of use in proportion to their shares as unjust enrichment (Civil Act, Articles 263 and 741). Whether removal can also be claimed depends on whether holders of a majority of the shares consented (Civil Act, Article 265) and whether the building occupies the whole property, so we start with the share ratios and how consent was given.
QFrom when, and how far back, can I collect ground rent?
The whole period of possession without right is subject to unjust enrichment, but the extinctive prescription for claims is 10 years (Civil Act, Article 162(1)), so usually up to 10 years before filing is claimed, with the amount set by rent appraisal. Where a statutory superficies exists, the ground rent is set by the court on a party's request (Civil Act, Article 366), and if ground rent goes unpaid for 2 years or more, you can claim extinction of the superficies (Civil Act, Article 287).