[Jeonse Deposit Return Lawsuit] If You Wish to Pursue a Jeonse Deposit Return Lawsuit, Daeryun Law Firm

CONTENTS

1. About the Jeonse Deposit Return Lawsuit
- - The Client Who Looked Into a Jeonse Deposit Return Lawsuit
- - Laws Relevant to the Jeonse Deposit Return Lawsuit
- - Procedures Available Before a Jeonse Deposit Return Lawsuit
2. Situations in Which a Jeonse Deposit Return Lawsuit Should Be Hastened
- - Filing the Jeonse Deposit Return Lawsuit
- - The Other Party's Arguments in the Jeonse Deposit Return Lawsuit
- - Complete Victory in the Jeonse Deposit Return Lawsuit
3. What a Jeonse Deposit Return Lawsuit Requires Is a Litigation Representative With Expertise

1. About the Jeonse Deposit Return Lawsuit

What a Jeonse Deposit Return Lawsuit Is

Where a lessor and a lessee have entered into a jeonse contract and the lessor, without just cause, does not return the jeonse deposit to the lessee after the jeonse contract expires,
it is a lawsuit for the return of money that may be brought against the lessor.

The Client Who Looked Into a Jeonse Deposit Return Lawsuit

The client, who was preparing a jeonse deposit return lawsuit, had a dispute with the lessor over the jeonse deposit.

Even though the jeonse contract period had expired, a situation had arisen in which the client could not recover the jeonse deposit.

As the number of lessees unable to recover their jeonse deposits has recently increased, the client's anxiety grew,

and the client understood that the lessor was currently involved in another lawsuit over a housing matter.

With the possibility of not recovering the jeonse deposit increasing, the client came to Daeryun Law Firm to receive a consultation about a jeonse deposit return lawsuit.

Laws Relevant to the Jeonse Deposit Return Lawsuit

The laws relevant to a jeonse deposit return lawsuit are set out in the Civil Act and the Housing Lease Protection Act.

When a lease terminates,

the lessee bears obligations such as the obligation to return the leased house in accordance with the terms of the lease agreement,

and the lessor bears the obligation to return the lease deposit_{(the defense of simultaneous performance under the Civil Act)}.

Where a lessee does not have the deposit returned after the lease terminates, the lessee obtains the authority to apply for an order of registration of the lease right,

and once the registration of the lease right is completed pursuant to the order of registration of the lease, the lessee can acquire or maintain the opposing power and the right to preferential reimbursement.

Article 4 (Lease Term, etc.)

① A lease for which no term is fixed, or for which a term of less than two years is fixed, shall be deemed to have a term of two years. However, the lessee may assert the validity of a term fixed at less than two years.
② Even where the lease term has ended, the lease relationship shall be deemed to continue until the lessee has the deposit returned.

Procedures Available Before a Jeonse Deposit Return Lawsuit

Various methods are available to the client against the lessor before a jeonse deposit return lawsuit.

■ Application for an order of registration of the lease right

■ Sending the lessor certified mail stating the demand for return of the jeonse deposit

■ Application for a payment order for the jeonse deposit

→ All of these may be attempted.

If the dispute over conflicting interests with the other party intensifies, we recommend bringing a jeonse deposit return lawsuit right away.

2. Situations in Which a Jeonse Deposit Return Lawsuit Should Be Hastened

Although various methods may be taken before a jeonse deposit return lawsuit,

in the client's situation, √ there were several creditors whose claims ranked ahead of the client's,

√ and a provisional attachment on the building was being filed by Seoul Guarantee Insurance, among other circumstances. Given these various circumstances, it was important to proceed with the jeonse deposit return lawsuit, obtain a judgment, and secure a title of execution.

Daeryun Law Firm's civil litigation team therefore moved quickly to file the lawsuit.

Filing the Jeonse Deposit Return Lawsuit

By filing the complaint for the jeonse deposit return lawsuit, the team demanded that the lessor return the jeonse deposit.

Daeryun Law Firm's civil litigation team organized the contents of the complaint in a coherent manner based on the materials received from the client.

The Other Party's Arguments in the Jeonse Deposit Return Lawsuit

In the answer filed during the jeonse deposit return lawsuit, the other party stated that his building was currently in litigation,

and pleaded that it was at risk of being subjected to a provisional attachment.

He pleaded his financial difficulties and similar circumstances,

and in response, Daeryun Law Firm's civil litigation team countered that asserting one's own litigation circumstances did not affect the client, who was a good-faith third party.

Complete Victory in the Jeonse Deposit Return Lawsuit

As a result of the above pleadings and rebuttals in the jeonse deposit return lawsuit,

Daeryun Law Firm's civil litigation team succeeded in obtaining a judgment of complete victory from the court, sent the judgment to the client,

and held a second meeting to help with the execution procedures, providing the documents needed for execution.

3. What a Jeonse Deposit Return Lawsuit Requires Is a Litigation Representative With Expertise

What should be considered above all in a jeonse deposit return lawsuit is

‘whether a jeonse deposit return lawsuit is really the best choice in one's own situation.’

In the client's case,

the lessor was involved in several lawsuits, and because multiple creditors ranked ahead of the client, it was a situation in which a title of execution had to be secured quickly through a jeonse deposit return lawsuit.

Having identified this, Daeryun Law Firm helped move the lawsuit forward quickly.

However, there can be situations in which an application procedure such as an order to comply is more efficient than a jeonse deposit return lawsuit.

For this reason, the decision must be made through a careful consultation.

Protecting your valuable jeonse deposit, a dependable litigation representative, Daeryun Law Firm, will stand with you.

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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