Essential Defense Before Eviction: Successful Rapid Injunction Prohibiting Transfer of Real Estate Possession
26-06-22 105
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1. Case Overview
The client, as the property owner, planned to file a claim for the delivery (eviction) of the building against the current occupants. However, out of concern that the occupants might transfer possession to a third party during the litigation—which would severely complicate compulsory execution—an application for an Injunction Prohibiting the Transfer of Real Estate Possession was filed prior to the main lawsuit.
In eviction lawsuits, it is a frequent occurrence for occupants to change the registered name of possession during the ongoing proceedings. Should this happen, even if the plaintiff wins the case, a critical issue arises where a completely new lawsuit must be filed against the new occupant. Therefore, legally blocking the transfer of possession in advance was of paramount importance.
We concretely substantiated the high probability that the debtors would transfer possession and meticulously detailed the execution risks this would generate. We proactively argued the absolute necessity of the injunction to secure the practical effectiveness of the main lawsuit. Furthermore, we thoroughly reviewed the methods of providing collateral, deliberately strategizing to minimize the client's financial burden.
4. Result of Assistance
The court fully accepted the client's application and cited the injunction decision prohibiting any transfer of possession or change in the name of possession. Additionally, the court permitted the provision of collateral to be substituted with a deposit guarantee insurance policy without requiring a cash deposit, significantly reducing the client's financial strain. Through this, we successfully established a stable legal foundation to proceed with the future eviction lawsuit and compulsory execution procedures.
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