Busan Real Estate Eviction Lawsuit, How Does It Proceed? — Procedure·Statutes·Lawyer Selection Guide
Author: lawfirm DH (Responsible Attorney) This content was prepared in compliance with the Attorney at Law Act and the Korean Bar Association advertising regulations.
When a lease contract has ended but the tenant refuses to vacate, it becomes one of the most frustrating disputes for the building owner, with losses accumulating day by day. To answer the question "What should I do if asking them directly to leave doesn't work?", the conclusion is that eviction lawsuits through the courts are the only legally valid procedure to recover possession. Depending on the specific facts of the case (reason for contract termination, form of possession, existence of deposit, etc.), response strategies may vary, but understanding the overall flow through the following information will help with your initial judgment.
If a Tenant Refuses to Vacate in Busan — Eviction Lawsuit Is the Only Legal Solution
When a lease contract has ended but the occupant refuses to vacate the property, the building owner can legally recover possession only through an eviction lawsuit via the court.
Just because a lease contract has ended does not mean the building owner can immediately remove the tenant's belongings or change the locks. Even after the lease has terminated, the tenant's possession itself is recognized as a factual right under law, so if the building owner forcibly enters and accesses the property, residential trespassing charges can be established. According to relevant legal materials, there are not a few cases where building owners face criminal liability as a result of such voluntary eviction measures.
Therefore, no matter how unfair the situation is, there is only one legally valid resolution path. Filing an eviction lawsuit with the court and following the procedure to have the occupant removed through judgment. Depending on the specific facts of the case, the choice of procedure and strategy may differ, so a legal review tailored to the individual situation must be conducted first.
✓ Key Summary Voluntary eviction measures after lease termination → Risk of residential trespassing charges Legal remedies available → Court eviction lawsuit procedure
Frequently Asked Questions
Q. The contract ended, so it's my building—why can't I remove them directly? Even if the lease contract has terminated, the occupant's possession itself is protected under criminal law. Voluntary measures by the building owner can result in criminal and civil liability, and only compulsory execution through a court judgment is a lawful method.
Legal Basis, Contract Termination Requirements, Procedure Stages, and Duration of Eviction Lawsuit
Eviction lawsuits proceed in 5 stages: certified mail → provisional disposition prohibiting transfer of possession → main lawsuit → judgment → compulsory execution, typically taking 4 to 9 months. The applicable statutes and strategies differ depending on whether it involves housing or commercial premises and the reason for contract termination.
Legal Basis
According to the National Legal Information Center, Article 213 of the Civil Act (Right to Demand Return of Owned Property) provides that "an owner may demand return of the property owned by a person in possession of it." However, if the occupant has a right to possess (e.g., a valid lease contract), they may refuse to return it, so whether the requirements for contract termination are met becomes the core issue of the lawsuit.
Contract termination requirements are applied differently for housing and commercial premises.
| Category | Termination Requirement | Legal Basis |
|---|---|---|
| Housing Lease | Termination possible when rent 2 periods are overdue | Civil Act Article 640 |
| Commercial Building Lease | Termination possible when rent 3 periods are overdue | Commercial Building Lease Protection Act Article 10-8 |
| Common | Contract period expiration, unauthorized subletting, change of use, etc. | Civil Act Article 213 |
According to Easy Life Law Information materials, the Supreme Court has ruled that in claims for return of property based on the right to demand return of owned property (Civil Act Article 213), the court should substantively determine whether the occupant has a right to possess (Supreme Court Decision dated July 9, 1999, Case No. 98da9045).
Step-by-Step Procedure Guide
▪ Stage 1 — Sending Certified Mail This is the stage of officially notifying the tenant of the contract termination or cancellation. Certified mail itself has no legal binding force, but it is used as critical evidence in subsequent litigation to prove the timing of the expression of intent to terminate the contract.
▪ Stage 2 — Application for Provisional Disposition Prohibiting Transfer of Possession This is the first critical measure in an eviction lawsuit. If the occupant transfers possession to a third party while the lawsuit is pending, even with a favorable judgment, compulsory execution becomes impossible. If the court grants the provisional disposition, actual execution takes place within 2 weeks after the ruling. According to relevant legal materials, if the provisional disposition is omitted, even after obtaining a favorable judgment, a new lawsuit may need to be filed at the execution stage.
▪ Stage 3 — Filing and Argument in Main Lawsuit The complaint must include party information, amount involved in the lawsuit, claims and grounds, and related documents. Once the complaint is served on the defendant, the defendant must submit an answer within 30 days. The court typically holds 1 to 2 oral proceedings to examine the parties' arguments and evidence. Errors made when drafting the complaint can cause delays of several months.
▪ Stage 4 — Judgment Confirmation After the proceedings conclude, the court pronounces judgment. If no appeal is filed, the judgment becomes final; if the defendant appeals, the case proceeds to appellate court.
▪ Stage 5 — Compulsory Execution After the judgment becomes final, if the occupant does not voluntarily vacate, a compulsory execution application is filed with the court executor's office. The executor sets a reminder notice (advance notification) and confirms the execution schedule.
Duration
⚠️ Duration for Each Stage of Eviction Lawsuit ▪ Provisional disposition prohibiting transfer of possession decision — Typically 1 to 2 weeks after application ▪ Until main lawsuit judgment is finalized — Typically 4 to 6 months ▪ Until compulsory execution completion — 1 to 3 additional months after judgment finalization ▪ Total Duration Combined — Typically about 4 to 9 months ▪ Can extend beyond 1 year depending on the tenant's response method, whether an appeal is filed, and the court's case handling speed
Preparation Document Checklist
✓ Lease contract (original or copy) ✓ Land register·Building register copy (full statement of particulars) ✓ Deposit payment history·account transfer confirmation ✓ Rent arrears record (bank statement·receipts, etc.) ✓ Reminder text·certified mail copy ✓ Household registration inquiry results ✓ Building diagram·photographs (for current status confirmation) ✓ Evidence of unauthorized subletting or change of use (if applicable) ✓ Eviction agreement (if prepared)
lawfirm DH's Approach — Combination of Legal Review by Former Changwon District Court Judge and Civil Practice Experience
Eviction lawsuits can significantly extend the overall timeline if there are errors at any stage from initial provisional disposition design to complaint drafting and compulsory execution. Whether contract termination requirements are met, identification of occupants, service issues, and feasibility of compulsory execution are all elements that must be carefully reviewed from the beginning, and the precision of response at each stage makes a substantive difference.
lawfirm DH handles cases directly with a senior advisor attorney who is a former Changwon District Court judge and a senior partner attorney with extensive experience handling civil and real estate disputes. Operating for over 10 years in the Gyeongnam region (Busan, Changwon, Masan), we provide consistent assistance from initial strategy planning to compulsory execution based on our strong understanding of regional court operations and practical customs.
Specifically, we take the following step-by-step approach:
✓ Contract Termination Requirement Review — Confirmation of housing vs. commercial premises, arrears period, and legality of termination notification method ✓ Provisional Disposition Prohibiting Transfer of Possession Design — Pre-planning of provisional disposition application timing, scope, and execution method ✓ Complaint Drafting and Service Strategy — Prevention of procedural delays due to service errors ✓ Oral Proceedings Response — Construction of rebuttal logic against tenant's simultaneous performance defense and contract renewal claims ✓ Compulsory Execution Completion — Accompaniment through executor cooperation and actual execution after reminder notice
Results may differ depending on the specific facts of the case, and the concrete direction of progress can be confirmed through consultation.
Case Examples of Appropriateness and Inappropriateness — Is My Situation Subject to Eviction Lawsuit?
If any of the checklist items above apply, filing an eviction lawsuit can be considered, but if there are issues such as simultaneous performance defense or contract renewal claims, legal analysis should be conducted first.
| Category | Applicable Situation | Remarks |
|---|---|---|
| ✓ Appropriate for Eviction Lawsuit | Tenant refuses to vacate even though the lease contract has terminated | Can proceed with lawsuit preparation immediately |
| ✓ Appropriate for Eviction Lawsuit | Continues to occupy unlawfully even though the lease has been cancelled | Concurrent provisional disposition recommended |
| ✓ Appropriate for Eviction Lawsuit | Tenant vacates property after contract termination due to long-term non-payment of rent or management fees | Arrears record must be secured |
| ✓ Appropriate for Eviction Lawsuit | Property continues to be occupied without intent to renew after contract period expires | Contract termination timing must be confirmed |
| ✓ Appropriate for Eviction Lawsuit | Does not return property after contract termination due to unauthorized subletting or change of use | Sublease evidence must be secured |
| ✓ Appropriate for Eviction Lawsuit | Unlicensed or unauthorized occupant uses building without owner's consent | Possession background must be confirmed |
| ✓ Appropriate for Eviction Lawsuit | Tenant refuses to vacate in response to eviction demand for demolition or reconstruction | Justified cause requirement must be reviewed |
| ⚠️ Additional Review Required | Cases where deposit return obligation and simultaneous performance are related | Simultaneous performance defense response strategy needed |
| ⚠️ Additional Review Required | Tenant claims contract renewal | Contract renewal rejection reason requires legal review |
| ⚠️ Additional Review Required | Multiple occupants or unclear possession relationship | Occupant identification must be prioritized |
| ✗ Non-Litigation Procedures Should Be Reviewed First | Cases that can be resolved through settlement or mediation | Cost and time reduction possible |
The requirements of Civil Act Article 213 (Right to Demand Return of Owned Property), Housing Lease Protection Act, and Commercial Building Lease Protection Act apply identically not only in Busan but also in Changwon, Masan, and Gyeongnam regions. Those facing eviction lawsuits in Changwon, eviction lawsuits in Masan, and real estate possession disputes in Gyeongnam can receive consultation under the same standards. Regardless of your residence area, please contact lawfirm DH and we will guide you from the initial review.
If Losses Are Accumulating Day by Day — Consultation Now Is the First Step to the Fastest Resolution
The direction appropriate for your case situation can be confirmed through consultation. lawfirm DH is a regionally-based law firm that has handled numerous civil disputes centered in Busan, Changwon, and Masan, and will review eviction lawsuits with you from initial strategy planning through compulsory execution.
Eviction lawsuits are greatly affected by initial response on the overall timeline and results. If the provisional disposition prohibiting transfer of possession is omitted, if the complaint is filed without meeting contract termination requirements, or if service issues are not anticipated in advance, several additional months of delay can occur. Each day a tenant occupies the building represents actual losses accumulating for the landlord.
If you feel overwhelmed and don't know where to start, consultation now is that starting point. Results may differ depending on the specific facts of the case, and it is difficult to promise specific results in advance. However, simply confirming the direction and procedures that can be taken in the current situation can make subsequent response much clearer. Please feel free to receive consultation.
Q&A
Q1. Can a building owner directly remove a tenant's belongings if they refuse to vacate?
It is not permitted. Even if the lease contract has terminated, the occupant's possession is protected under criminal law, and if the building owner forcibly enters or removes belongings, criminal liability such as residential trespassing or property damage can be established. No matter how unfair the situation is, only eviction lawsuits and compulsory execution procedures through the court are legal methods. Response direction can differ depending on the specific situation of the case, so we recommend first receiving legal review.
Q2. What documents do I need to prepare to win an eviction lawsuit?
Critical evidence includes the lease contract, rent arrears record (bank statement, receipts), certified mail copy, and household registration inquiry results. If unauthorized subletting or change of use is the reason for termination, additional evidence supporting this (sublease contract, site photos, etc.) is also needed. Omissions during the evidence collection stage can cause difficulties in proof during litigation, so it is practically helpful to organize documents with an attorney at the initial stage.
Q3. What problems occur if I don't apply for provisional disposition prohibiting transfer of possession?
Without applying for provisional disposition, the occupant can transfer possession to a third party or transfer the tenant's rights during litigation. In this case, even with a favorable judgment, the original judgment cannot be applied to the new occupant, making compulsory execution impossible. As a result, a new lawsuit may need to be filed, so it is standard practice to apply for provisional disposition prohibiting transfer of possession at the same time as or before filing the eviction lawsuit.
This content was prepared in compliance with the Attorney at Law Act and the Korean Bar Association advertising regulations, and results may differ depending on the specific facts of the case. Concrete legal application must be confirmed through direct consultation with a professional.