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Q

What are the requirements for a claim to recover the jeonse deposit?

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Even though the lease term has ended, the landlord has not returned my jeonse deposit, so I am now feeling very anxious and frustrated. I have obtained a fixed date and completed my move-in report, but it seems I now need to formally pursue a claim to recover the jeonse deposit. However, since this is my first legal dispute, I feel lost and frightened. What are the requirements and procedures for a claim to recover the jeonse deposit?

Claim for the return of the jeonse deposit

A

Answer to Related Inquiry

Hello. I will explain the claim for recovering the jeonse deposit.

Before initiating a lawsuit to recover the jeonse deposit, it is important whether you have secured a right to preferential reimbursement.

As you mentioned, if you have obtained a fixed date after completing your move-in report, the right to preferential reimbursement arises from midnight on the day following the completion of the move-in report.

If you have secured the right to preferential reimbursement, you can be repaid your deposit in priority over other claims relating to the landlord's leased housing.

After that, it is advisable to send a certified content-proof letter and, through an application for provisional attachment, place legal pressure on the landlord and prevent the risk of assets being concealed in advance.

Once you have completed this stage, you can proceed to a full lawsuit.

You can file a civil action known as a 'payment order' and, through it, claim the return of the jeonse deposit.

At this point, the lease agreement, records of the deposit payment, and whether the certified content-proof letter was served can serve as key evidence, so it is important to prepare them in advance.

If you obtain a final and conclusive judgment in the lawsuit, you can then recover your deposit through compulsory execution procedures such as seizure and compulsory auction.

Because such procedures generally take time and require complex legal analysis, a claim to recover the jeonse deposit is best pursued with the assistance of an attorney experienced in this area.

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