Apartment Jeonse Fraud Assistance Case | Client Defrauded in Jeonse Fraud Recovers Full 120 Million Won

The client entered into a jeonse contract for an apartment located in the metropolitan area and resided there.

The apartment was a newly built building, the jeonse deposit offered was relatively reasonable compared to the surrounding market price, and the contract proceeded through a licensed real estate agent.

At the time of the contract, the client confirmed the certified copy of the register, obtained a move-in report and a fixed date, and believed that all the usual procedures had been completed.

The landlord (hereinafter the defendant) explained that there were no problems whatsoever with the apartment, and the client, trusting this, paid the defendant a jeonse deposit of 120 million won and began residing there.

However, as the expiration of the contract approached, talk began to circulate among the surrounding tenants that there were debt problems related to the apartment.

Upon verification, it was revealed that numerous mortgages to secure maximum amounts and senior claims had been established on the apartment, and that some households had already not been able to recover their deposits.

This kind of structure was a situation that could be regarded as a typical type of apartment jeonse fraud.

Accordingly, the client conveyed a notice of intent to vacate and a request for the return of the deposit to the defendant on several occasions before the end of the contract, but the defendant evaded the matter, citing a lack of funds, and the situation eventually reached the point where contact was cut off.

In the end, the client, unable to recover the deposit, determined that legal action regarding the apartment jeonse fraud harm was necessary, and requested the assistance of a real estate attorney.

1) Establishing a Strategy to Pursue a Criminal Complaint for Jeonse Fraud and a Civil Lawsuit in Parallel

The real estate attorney noted the circumstances suggesting that the defendant had failed to disclose the senior mortgage and debt situation at the time of the apartment contract, even though he was aware of them.

Accordingly, the attorney compared the content of the explanation given during the lease contract process with the records of changes in the registration to organize the circumstances of the deception and secured the related materials.

On this basis, the attorney pursued a criminal complaint for the jeonse fraud charge while simultaneously conducting a civil lawsuit seeking the return of the deposit, thereby heightening the pressure.

2) Analyzing the Rights Relationships and Clarifying the Scope of Liability

The real estate attorney analyzed the certified copy of the register and the records of the mortgage to secure maximum amount for the apartment, and clarified the defendant's liability by organizing in figures the fact that the senior claims exceeded the deposit.

Through this, the attorney clearly asserted the defendant's civil liability, emphasizing the fact that the defendant had entered into the lease contract while substantially lacking the ability to return the deposit.

3) Measures to Preserve the Leasehold Right and Preparation for Compulsory Execution

The real estate attorney established a strategy that maintained the opposing power and the right of preferential reimbursement through an application for an order to register the leasehold right, and that took into account the possibility of future compulsory execution, thereby setting up a legal safeguard so that the client would not suffer additional harm.

Through the real estate attorney's assistance, the court recognized that the defendant had entered into the apartment jeonse contract without properly disclosing the debt situation.

As a result, a judgment was handed down ordering the defendant to return the entire jeonse deposit of 120 million won.

Thereafter, the real estate attorney promptly proceeded with the compulsory execution procedure, and the client was able to safely recover the full amount of the apartment jeonse fraud harm.

If you have suffered apartment jeonse fraud, you must respond by distinguishing between the criminal procedure and the civil procedure.

The criminal procedure is the process for punishing the perpetrator, and the civil procedure is the process for recovering the deposit.

Because the two procedures have different purposes, it is important to conduct them in parallel depending on the situation.

▲ Criminal Procedure

If the charge is ultimately recognized, the perpetrator will be subject, under Article 347 of the Criminal Act (crime of fraud), to imprisonment of up to 20 years or a fine of up to 50 million won.

▲ Civil Procedure

(*A certified content mail is not mandatory, but it can be used as strong evidence in litigation.)

The real estate attorney of Daeryun, Korea's ninth-ranked law firm (based on the 2025 value-added tax filings with the National Tax Service), first comprehensively analyzes the register and the contents of the contract to determine the possibility that fraud is established.

Thereafter, the attorney conducts a criminal complaint and a civil lawsuit seeking the return of the deposit together in order to hold the perpetrator legally accountable.

If necessary, the attorney establishes a strategy that ties up assets through preservative measures such as provisional attachment and that can lead to compulsory execution.

If you have suffered apartment jeonse fraud, please receive guidance on a response method suited to your current situation through the 🔗Legal Consultation Reservation.