Land Eviction Claim Case (Heisei 18 (Wa) 2218)

In 2025, Tokyo Real Estate Co., Ltd., led by representative Yamada Ichiro, filed a civil lawsuit at the Tokyo District Court against Kim Sung-ho, a South Korean national, seeking the surrender of a parcel of land in central Tokyo. The plaintiff claimed that a written lease had expired in 2024 and the defendant remained in occupation without consent, constituting illegal trespass. The defendant countered that an oral agreement had extended the lease and that eviction would cause disproportionate hardship. The court examined communication records, payment receipts, and witness testimony to determine the existence of a valid tenancy. The case drew attention due to its cross-border nature and raised questions about the enforceability of oral contracts in Japanese real estate law.

The Tokyo District Court ruled in favor of the plaintiff, finding no credible evidence of a mutual oral agreement to renew the lease. The court ordered Kim Sung-ho to vacate the land within three months and pay outstanding occupation charges equivalent to rent for the period of unlawful possession.

Whether an oral lease renewal constituted a legally binding extension under the Japanese Civil Code, and whether the defendant could assert possessory rights against the registered landowner's demand for eviction.

The ruling underscored the strict evidentiary requirements for oral land lease agreements in Japan, impacting foreign residents who may rely on informal arrangements. It also prompted discussions on balancing property rights with humanitarian considerations in cross-border eviction cases, and was cited in subsequent legal seminars on real estate disputes involving non-Japanese tenants.