What needs to be done to make provisional seizure possible?
Typically, when a lawsuit is filed, the judge calls both parties to court, listens to everyone's story, and then makes a decision.
However, since the purpose of provisional seizure is to prevent property from being stolen, the judge does not listen to the other party's story.
If you call the other party to court, he may sell the real estate in the meantime.
In other words, the judge only listens to my words and makes a decision to tie up the other party's assets, so my words must have objective power.
Objective power means that 'it must make sense no matter who sees it.'
For it to make sense to anyone, it must have a strong logical structure and each claim must be supported by evidence.
The method to receive 100% provisional seizure is as follows.
1. All procedural requirements, including jurisdictional court and stamp amount, are satisfied in the application for provisional seizure.
2. The content of the application must be able to persuade the judge with its logic and evidence alone.
3. I explain why I should receive money and my past situation using the 5W1H
4. So, it determines at least how much money I will receive.
5. Explain that the amount to be provisionally seized is less than the amount above.
6. Why I should receive money, attach evidence to each fact of the past situation.
7. Explain that there is a risk that the other party may steal the money.
In short, all you have to do is fill out all forms of the provisional seizure application legally and the contents of the application can persuade the judge with only logic and evidence.
The judge only listens to my words and makes a decision to tie up the other party's assets, so my words must be sufficiently supported by evidence.
This is a procedure in accordance with Korean law.
For foreigners, detailed procedures may vary. Please chat or email for specific details.
Are there any legal issues involved?
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