[Asia Economy Reporter Ryu Tae-min] “The tenant has delayed rent payment for more than three terms, violating the consent judgment. Since the tenant and I have entered into a consent judgment, I understand that a possession lawsuit is unnecessary. Currently, the tenant is violating the consent judgment, so if the tenant resists the eviction notice, can I remove their belongings myself or accept a new tenant?”
In commercial lease agreements, possession lawsuits are often lengthy and cumbersome, so landlords tend to prefer consent judgments over lawsuits. This is because a consent judgment has the same effect as a winning judgment in a possession lawsuit. However, even if a valid consent judgment exists, landlords should refrain from directly enforcing eviction themselves when tenants violate the judgment.
On the 17th, real estate attorney Um Jeong-sook stated, “The fact that a consent judgment replaces a possession lawsuit judgment is a significant advantage,” but added, “However, the court only orders the tenant to hand over the property to the landlord if the tenant violates the judgment; it does not permit the landlord to act arbitrarily against the tenant.” She warned, “If the landlord directly handles the tenant’s belongings, it could be considered an illegal act and subject to punishment.”
In other words, while the court’s consent judgment means the tenant must vacate the property if they violate it, the landlord cannot directly enforce eviction. A consent judgment is a system where parties reach a settlement before filing a lawsuit, and the court approves this settlement. Once established, the consent judgment has the effect of compulsory execution. It is mainly used in commercial lease relationships.
If the tenant violates the consent judgment, what should the landlord do first? Attorney Um explained, “If the tenant has violated the consent judgment and is likely to repeatedly commit violations, the landlord should first notify the tenant of the lease termination,” adding, “Even if the tenant has committed a violation, without proper notification of contract termination, the landlord cannot proceed with the property handover process.”
What if the tenant still refuses to vacate the property? Attorney Um advised, “For example, if the landlord has a winning judgment in a possession lawsuit but the tenant resists, the landlord can apply for compulsory execution based on the judgment,” and “The same applies when the tenant violates a consent judgment. If the landlord has notified the tenant of contract termination but the tenant refuses to leave, the landlord can apply for compulsory execution based on the consent judgment.”
On the other hand, what happens if the landlord ignores legal procedures and directly enforces eviction against a tenant who violated the consent judgment? Attorney Um said, “Some landlords mistakenly believe that violating the consent judgment grants them strong authority,” emphasizing, “It must be remembered that a consent judgment does not authorize individuals to take physical actions against each other.” She added, “If the landlord directly removes the tenant’s belongings, they could be charged with business obstruction or property damage.”
Meanwhile, landlords cannot accept new tenants until the existing tenant has fully vacated the property or compulsory execution is completed. Attorney Um noted, “Some landlords, eager to resume normal rental income as soon as possible, try to accept new tenants before the handover process is complete,” and advised, “Even if the contract is terminated, the existing tenant remains the occupant until the handover process is finalized, so it is safer to evict the tenant according to the handover procedure before accepting new tenants.”
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