Case Type: Civil

Result: Full Victory

Case Detail:

Suhn Law Group’s Civil Litigation Team, led by Attorney May H. KIM, represented a corporate client whose leased premises had been partially occupied without authorization. The team successfully obtained a judgment ordering the defendant to hand over the entire leased premises, including the portion that had been unlawfully occupied.

The client company had leased part of a building for its business operations. However, the defendant, who had previously been in a business partnership with the client, occupied part of the leased premises without authorization and continued using the space as the business premises of a separate business operated by the defendant. Despite repeated requests from the client company to vacate the premises, the defendant refused to do so.

During the proceedings, the defendant argued that a business partnership had existed between the defendant and individuals associated with the client company, and that the disputed space had been used as the premises of that joint business. On this basis, the defendant claimed that they had a legitimate right to remain in possession of the premises until the outcome of a separate lawsuit concerning the settlement of accounts arising from the former business partnership.

The case presented complex legal issues beyond a conventional premises handover lawsuit, as it involved the defendant’s claim concerning the former business partnership as well as a separate dispute over the settlement of partnership-related accounts. Suhn Law Group’s Civil Litigation Team argued that a tenant with enforceable rights under the Commercial Building Lease Protection Act may also exercise a legitimate claim to eliminate interference with its possession. The team supported this position with relevant documentary evidence and separately addressed the defendant’s arguments concerning the partnership settlement litigation, establishing grounds for rejecting those arguments.

As a result, the court recognized the client company’s right, as a lawful tenant, to seek the removal of interference with its possession. The court rejected all of the defendant’s defenses and entered judgment fully in favor of the client company, ordering the handover of the entire leased premises.

Disputes involving unauthorized occupation of leased premises may involve multiple overlapping issues, including the existence of a valid right of possession, defenses arising from alleged business partnerships, and whether continued possession is legally justified. Careful analysis of the underlying facts and securing objective evidence can therefore be critical to protecting a client’s rights. Suhn Law Group will continue to provide dedicated legal assistance to protect our clients’ property rights promptly and effectively.

Case Inquiry: Attorney May H. KIM