Lawsuit for removal of a building and surrender of land unlawfully occupied by a clan association

After an individual asserted true ownership of land registered in the name of a clan association and won a lawsuit for transfer of ownership registration, the individual sued for removal of the association's building on the land and surrender of the land.

In the earlier ownership lawsuit, the clan association's challenges were rejected all the way to the Supreme Court of Korea, the judgment in favor of the landowner became final, and the transfer of ownership registration for the entire land was then completed.

However, a further dispute arose because the clan association continued to own the building it had erected on the land and to use it and its site as a memorial hall.

Attorney Jaehoon Lee represented the landowner in the lawsuit against the clan association for removal of the building and surrender of the land.

The main issue was whether, based on the final judgment on ownership of the land and the transfer of ownership registration, the clan association was obligated to remove the building it had erected on the land and surrender the land.

In particular, the questions were whether the clan association had a legitimate right to own the building and occupy the land, and whether the landowner could exercise a claim to remove interference based on ownership.

Attorney Lee reviewed the final judgment in the earlier lawsuit for transfer of ownership registration and the certified real estate register, and set out how the client had acquired ownership of the land.

He also analyzed the building register, the cadastral map and land use records to confirm the location of the clan association's building and the occupancy of the land.

On that basis, he argued that the clan association had no legitimate right to occupy the land and filed a lawsuit seeking removal of the building and surrender of the land, based on the claim to remove interference arising from ownership.