If I file a lawsuit for the return of a deposit, can I recover all of it?

Hello. We will provide guidance regarding a lawsuit for the return of a deposit.

Although we cannot know your situation in detail, if you have not received your deposit even though the lease contract has expired, in most cases you can recover it through a lawsuit for the return of a deposit.

However, depending on whether the tenant has secured a preferential right to reimbursement, the details may vary slightly.

A preferential right to reimbursement arises when the tenant meets several requirements, and it is the right to be reimbursed the deposit in preference to the lessor's creditors.

A preferential right to reimbursement is acquired when, after taking delivery of the building, the tenant applies for business registration to obtain opposing power and obtains a fixed date on the lease contract.

However, even if you hold a preferential right to reimbursement, when you file a lawsuit for the return of a deposit, detailed pleadings and evidence operate in a complex manner, so an appropriate response is important.

In particular, because resolution through a lawsuit takes cost and time, it is important to judge well depending on the situation.

If you would like detailed guidance regarding a lawsuit for the return of a deposit, we recommend that you seek the advice of an attorney.