Attorney Jeong Jae-kwon of Hwaum Law Office successfully represented a client in proceedings against a subtenant who refused to vacate an apartment following the termination of a sublease agreement. Hwaum filed applications for both an injunction prohibiting the transfer of possession of the property and an injunction for immediate delivery of the property, prevailing in both proceedings and securing enforceable legal titles for compulsory execution.
An injunction prohibiting the transfer of possession of real property is a provisional measure designed to prevent the debtor from transferring possession of the property to a third party. This helps avoid a situation in which, even after prevailing in the main eviction proceedings, the creditor would be required to initiate a new lawsuit against a third party to recover possession of the property.
An injunction for immediate delivery of real property is a provisional remedy intended to establish the creditor's temporary legal position. It may be sought where there is a recognized need for immediate relief, such as a risk of irreparable harm, allowing the creditor to obtain temporary possession of the property before the main eviction proceedings are concluded.
The key issue in proceedings for an injunction for immediate delivery is demonstrating the necessity of obtaining possession through a provisional injunction, rather than waiting for the outcome of the main eviction action. Because granting such an injunction before the main proceedings are resolved may cause significant harm to the debtor if the creditor ultimately loses the main case, these applications are generally difficult to obtain.
In this case, Attorney Jeong Jae-kwon successfully demonstrated that the debtor was deliberately occupying the property without authorization, taking advantage of the lengthy proceedings required to obtain a final judgment in the main action. He also established that the debtor lacked sufficient financial resources to compensate the client for the resulting losses and that the unauthorized occupation prevented the client from securing a new tenant, making it difficult to recover the rental deposit and causing substantial financial harm.
Based on these circumstances, Hwaum successfully obtained favorable decisions on both provisional injunctions, securing the client's ability to proceed with compulsory enforcement.
Author: Attorney Jeong Jae-kwon