[Civil & Real Estate] Successful Recovery of Interior Defect Compensation and Eviction of Un…
페이지 정보
최고관리자 작성일26-05-27본문
Case Type: Construction & Real Estate Dispute (Damages for Interior Defects & Claim for Building Delivery)
Result: Full Judgment for the Plaintiff (All Claims Allowed) and Order for Property Delivery
Case Summary:
The client purchased an aged apartment in Daegu for their parents and entered into a remodeling contract worth approximately 39 million KRW with an interior contractor. However, after the construction commenced, the contractor caused numerous construction defects, including poor finishing. When the client pointed out these defects, the contractor wrongfully demanded an additional 10 million KRW for construction costs. Upon the client’s refusal to comply with this unjust demand, the contractor locked the front door without authorization, claimed a right of retention (lien), and barred access to the apartment, while also using abusive language, which led to criminal charges.
To protect the client's rights, this legal counsel immediately initiated legal proceedings. First, a preliminary injunction to prohibit the transfer of possession was filed and granted to prevent the contractor from transferring the apartment's occupancy to a third party. Simultaneously, a lawsuit encompassing damages for defects, return of unjust enrichment, and a claim for building delivery was filed. To substantiate the defective construction—the pivotal dispute in interior litigation—a court-appointed appraisal was requested. This counsel personally attended the on-site inspection on the appraisal date, thoroughly proving the structural defects and substandard specifications with objective quantitative data.
During the trial, the counterparty failed to present a proper defense and demonstrated a passive attitude, including non-appearance. The court fully accepted the defect items and damages objectively established through the court appraisal process. Consequently, the Daegu District Court (Seobu Branch) ordered the defendant to compensate the client for the full amount of the requested defect repair costs (approximately 20 million KRW) and to immediately deliver the unlawfully occupied apartment. This case serves as a meaningful precedent where the client’s property and possessory rights were successfully restored in a short period through swift initial responses and meticulous coordination of the court appraisal.
Case Inquiry: Attorney Woo-joong Kim
