The case of Jitai causing seven houses to tilt and affecting neighboring buildings may cost more than 1 billion. Lawyer Li Yusheng explains the legal issues related to house collapse and false seizure by the builder.

Dongsen News Reporter｜Peng Xinmei, Zhang Zhonghua 

News link:https://youtu.be/Ckwtr9PGVl8?si=kqkIeVV2GZYPpp_w

A residential house on Dazhi Road in Zhongshan District, Taipei City, collapsed. Because it was adjacent to the Jitai Construction project site, the diaphragm wall was excavated without a large base, and even the first floor of one building sank directly. Many people faced the tragic situation of being homeless. sparking discussion from the outside world.

Lawyer Li Yusheng explains relevant legal issues

Purpose of false seizure

The main purpose of false attachment is to ensure the fairness of the proceedings and protect the rights and interests of the parties. The following are the detailed purposes:
one,Protect the rights and interests of parties: False attachment ensures that the plaintiff can effectively enforce the judgment in the lawsuit. If the defendant loses the case and relevant property is seized, the plaintiff has a higher chance of obtaining compensation after the judgment is finalized. This helps ensure that the victim or plaintiff does not suffer loss due to the defendant's refusal to enforce the judgment.
two,Prevent property loss: False attachments also prevent defendants from transferring or selling property to avoid liability during litigation. This helps ensure that assets remain available to enforce the judgment after the litigation is over.
three,Promote reconciliation: Sometimes a false seizure can lead to a settlement because the defendant may feel pressure to avoid having the property seized. This helps resolve disputes and reduces the cost and time of litigation.
4. Ensure the fairness of litigation: False attachment also ensures the fairness of litigation proceedings because it prevents one party from taking an unfair advantage in the litigation, especially when one party owns a large amount of property.

Lawyer Li Yusheng explained that if it can be determined that the collapse of the house was caused by a nearby construction site, then the builder may be liable for related damages. As long as the residents suffer any damage caused by this, including damage to the house, damage and loss of property inside the house, and the related expenses incurred by the residents in the subsequent period when they need to find another place to live, they can seek compensation from the builder. However, if the builder is unwilling to compensate as soon as possible and needs to go through civil litigation procedures, it may be time-consuming and time-consuming. Moreover, if the builder goes out of business, even if the victims finally obtain a winning judgment, they will not be able to actually obtain compensation. In order to prevent the builder from going out of business, you can first apply to the court for leave to seize the builder's property. However, when applying for leave to seize the property, you generally need to provide a security deposit of approximately 1/3 of the claim amount, which is also a huge burden for the disaster victims.

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