Disputes Surge During Compulsory Execution Stage Following Eviction Lawsuits... Responding at the 'First Notice' Stage is Crucial

The compulsory execution process conducted after a judgment in a real estate eviction lawsuit is becoming more complex than in the past, and the nature of disputes is becoming more intense. In particular, responding at the 'first notice' stage, where the bailiff officially announces the vacancy, is expected to be a key turning point in reducing future legal and physical conflicts.

According to the video "People Living the Law" by Lee Seung-tae of DosiwaSaram, the first notice of compulsory execution refers to the procedure where, following a judgment, a bailiff officially notifies the occupant, "Please leave by [date], otherwise compulsory execution will be carried out." The presenter advised that when a first notice is issued, it is the best choice for both parties if the occupant vacates voluntarily. This is because the notice stage provides the occupant with a final opportunity to vacate voluntarily.

Violent Resistance and Inability to Execute... Risks Increase if 'First Notice' is Ignored

The presenter explained the dangers of the compulsory execution process using a case study related to public housing (SH) litigation. Even if a judgment has been obtained, if the occupant refuses to vacate and resists violently, the situation can escalate uncontrollably, leading to physical conflicts, police dispatch, criminal complaints, and subsequent lawsuits. In particular, if the resistance is too severe, it can lead to a state of 'inability to execute' where the compulsory execution itself becomes impossible, or situations where a second execution attempt must be made.

Caution is also required regarding the act of a landlord arbitrarily disposing of items left behind by an occupant during the vacation process. The video emphasized that even if contact with the occupant cannot be made, items should not be discarded arbitrarily just because they are judged to have no value. If items are discarded without going through the compulsory execution procedure, the landlord may face greater legal liability if the occupant later files a lawsuit questioning the value of the items or the legitimacy of the disposal act. Therefore, it is safe to handle items strictly through legal compulsory execution procedures.

Precautions for 'Pro Se Litigation'... Rent Claims Must Include the Period Until Handover

A part that is easily missed in practice when proceeding with an eviction lawsuit (handover lawsuit) is the scope of the 'rent (monthly rent) claim.' The presenter explained that a situation may arise during the lawsuit where the entire security deposit is deducted. In principle, the main lawsuit where the landlord demands vacancy and the counterclaim where the tenant demands the return of the security deposit are settled together, but if the monthly rent incurred until the occupant completely hands over the building exceeds the security deposit, this must be reflected in the judgment.

Accordingly, in the case of 'pro se litigation' conducted without a lawyer, one should not simply write the content requesting the handover of the building, but must accurately state in the complaint the claim purpose: "Pay the monthly rent incurred until the day the building is handed over," to resolve potential unpaid rent issues all at once.

Meanwhile, as compulsory execution procedures become more demanding and on-site disputes increase, the role of legal experts is also changing. While they focused on the litigation stage in the past, there is a recent trend emphasizing professional responses, such as operating separate execution centers or setting separate execution fees to resolve complex issues during the execution process.