Advisory Case on the Costs and Procedures of Compulsory Enforcement for Eviction of Commercial Premises

1. The Client's Situation

The client was placed in a situation where eviction enforcement of a commercial building had become unavoidable, after the tenant ceased its business and then became unreachable. The premises subject to eviction were spaces on the 3rd and 4th floors, each approximately 40 pyeong in size, and the client inquired about the specific calculation of costs required for compulsory enforcement, such as advance deposits, labor costs, and transportation costs, as well as points of caution in the procedure.

Based on similar enforcement cases, Your Legal Team calculated and provided the estimated costs for each major item required for compulsory enforcement. We advised that, when totaling the enforcement officer's advance deposit, labor costs, transportation costs, storage fees, lock-opening fees, and the like, approximately KRW 4 million would be required per floor. We also explained that the number of enforcement personnel and the scale of vehicles are calculated by the enforcement officer ex officio after on-site verification, and we provided concrete guidance on the procedure whereby storage costs are first borne by the creditor and then recovered through an auction of the corporeal movables. In addition, we clearly warned that arbitrarily moving fixtures or occupying the space would violate the principle of the prohibition of self-help under the Criminal Act, posing risks such as trespass, obstruction of business, and damages.

By clearly understanding the estimated costs and procedure at the stage prior to commencing compulsory enforcement, the client was able to prevent unnecessary expenditure and legal risk in the future. It is currently reviewing internally, based on the information provided, whether to proceed with enforcement.