In a case handled by LK Partners, the court granted a preliminary injunction ordering removal and prohibiting interference, recognizing that the landlord’s construction works infringed upon the commercial tenant’s right of possession and business operations.

Case Overview

The case involved a commercial tenant in a retail building located in Gangnam-gu, Seoul, who sought a preliminary injunction for removal and prohibition of interference after the landlord carried out construction without the tenant’s consent. The landlord installed scaffolding around the entire exterior of the building and placed construction materials at entrances, substantially obstructing access to the shop and interfering with the tenant’s business operations.

Key Issues

Whether the tenant’s right of possession and business operations were unlawfully interfered with Whether the landlord’s construction constituted routine maintenance or an unlawful act intended to pressure the tenant to vacate Whether the requirements for granting a preliminary injunction—namely, the existence of a right to be preserved and the necessity of preservation—were satisfied

Court’s Decision

The Seoul Central District Court granted the tenant’s application, issuing a preliminary injunction ordering removal of the obstructions and prohibiting further interference. When the landlord subsequently filed an objection, the court upheld its original decision, reaffirming the tenant’s rights and the necessity of preservation. The court held that even if the landlord later obtained approval for major repairs, the construction did not qualify as a permissible preservation act and could not justify infringement of the tenant’s possession.

LK Partners’ Expertise

To promptly and effectively protect the tenant’s rights, LK Partners provided comprehensive legal support, including: Fact-finding and evidence collection: Organizing proof of scaffolding installation, material placement, and interference with business operations Legal analysis and strategy: Demonstrating that the conduct went beyond mere maintenance and amounted to unlawful pressure to force eviction, thereby establishing the right to be preserved and the need for urgent relief Injunction application and advocacy: Seeking specific and effective remedies, including immediate removal, prohibition of possession interference, and restrictions on construction during business hours Response to objections: Defending the injunction against the landlord’s challenges and securing affirmation of the original ruling Through these efforts, LK Partners achieved tangible protection of the tenant’s possession and business operations.

Significance of the Case

This decision affirms that where a landlord pressures a tenant through scaffolding installation and prolonged business disruption, courts will prioritize protection of the tenant’s right of possession. It is particularly significant in that the court curtailed attempts to justify de facto eviction pressure under the guise of routine maintenance. For legal assistance with commercial lease disputes or infringements of possession, please contact LK Partners. We provide tailored solutions to safeguard tenants’ rights.