Atlas Legal successfully represented a landlord in a factory lease dispute, securing a complete victory of ₩60,939,330 in unpaid rent and utility fees, plus a court-ordered building surrender. This case demonstrates obtaining enforceable judgment through expedited litigation enabling immediate enforcement.
Case Overview
Our client leased a 383㎡ factory in Incheon to a manufacturing company at ₩4,000,000 monthly rent (₩30,000,000 security deposit). Starting September 2024, the tenant stopped paying rent and utility fees (electricity, water, etc.). Due to the characteristics of commercial and factory leases, utility fees exceeded rent, resulting in accumulated claims exceeding ₩60 million.
Utility Fee Burden
In factory lease cases, monthly electricity costs alone reached ₩2-2.5 million, representing a substantial utility burden.
Expedited Litigation Process
In this case, we proceeded with expedited eviction litigation (building surrender claim) as quickly as possible, aiming for an enforceable judgment allowing immediate execution.
Court Judgment and Enforcement Possibilities
Incheon District Court granted all plaintiff’s (landlord’s) claims. The judgment orders include building surrender, payment of unpaid rent and utility fees with interest, and continued monthly rent payment until building surrender. The “provisional execution declaration” enables immediate enforcement (eviction, asset seizure) regardless of appeal status.
Future Rent Claims and Additional Enforcement
The judgment orders continued monthly payments of ₩4,000,000 even after November 2025 until building surrender is complete. This means the landlord can continuously claim rent-equivalent amounts as unjust enrichment as long as the defendant occupies the property post-judgment. Atlas Legal will proceed immediately with eviction enforcement and asset seizure upon judgment finalization to swiftly realize our client’s rights.
Legal Expertise
Atlas Legal has extensive experience in commercial and factory lease disputes, building eviction litigation, and debt recovery. We excel particularly in complex commercial property disputes involving not only rent but also utility fees (electricity, water, etc.), selecting optimal litigation strategies (pre-suit mediation vs. full litigation) to swiftly protect client rights.