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Q
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When I bought a house but the former owner will not move out, is it resolved only by filing a lawsuit for the delivery of land? I have such a headache over what to do if the former owner does not vacate, so I am curious about the legal procedure. And please also let me know whether I should retain an attorney.
lawsuit for the delivery of land
Answer
Published:
Author : Byung Joon KOH
You must be quite troubled that you bought a house but the former owner will not move out.
In such cases, the matter is often resolved only by filing a lawsuit for the delivery of land.
One of the important aspects of a housing transaction is precisely the transfer of ownership and the delivery of the residence.
In other words, after the buyer acquires ownership, the buyer must be able to exercise the right to occupy or use the relevant real property.
If the former owner continues to reside there or refuses to vacate, the buyer can resolve the matter through a lawsuit for the delivery of land.
The seller has an obligation to deliver the real property.
In other words, after concluding the sales contract and paying the price, the seller must deliver the real property together with the registration of the transfer of ownership.
Possession of the real property must legally pass to the buyer, and the former owner no longer has any legal right to reside in that real property.
If the former owner refuses to vacate and continues to reside there, the buyer can file a lawsuit for the delivery of land and obtain a court order compelling the former owner to vacate.
This lawsuit is a procedure in which the buyer files an eviction lawsuit with the court to demand that the seller vacate.
Through an eviction lawsuit, the court can issue a compulsory eviction order requiring the former owner to leave the real property.
In order to file a lawsuit for the delivery of land, you must prepare the sales contract and evidence of payment of the price, and proceed with the procedure for demanding eviction through the court.
An attorney specializing in this area accompanies you through all of the legal procedures in this process, including reviewing the contract and collecting evidentiary materials.
You may wish to seek the assistance of an attorney specializing in this area to obtain the outcome you want in a lawsuit for the delivery of land.

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