CONTENTS
- 1. A Client Who Came to Daeryun to Pursue a Jeonse Deposit Lawsuit
- - Understanding the Circumstances of the Case for the Jeonse Deposit Lawsuit
- - Legal Basis for Filing a Jeonse Deposit Lawsuit
- 2. Daeryun's Assistance with the Jeonse Deposit Lawsuit
- 3. Result of the Jeonse Deposit Lawsuit: The Full Deposit Recovered
- - Daeryun's Assistance That Led to a Favorable Judgment in the Jeonse Deposit Lawsuit
1. A Client Who Came to Daeryun to Pursue a Jeonse Deposit Lawsuit
The client decided to pursue a jeonse deposit lawsuit to recover the jeonse deposit that had not been returned even though the lease had ended. Seeking assistance with the lawsuit, the client came to Daeryun.
Understanding the Circumstances of the Case for the Jeonse Deposit Lawsuit
The client entered into a two-year lease.
As the lease termination date approached, the client expressed by text message to the lessor an intention not to renew the contract.
However, after expressing that intention, the client could not reach the lessor, and because the client has not been able to recover the jeonse deposit to date, the client came to Daeryun to pursue a jeonse deposit lawsuit.
Legal Basis for Filing a Jeonse Deposit Lawsuit
| ▷ Return of the Leased Housing and Return of the Lease Deposit |
| When a lease terminates, in accordance with the terms of the lease the lessee bears obligations such as returning the leased housing, and the lessor bears the obligation to return the lease deposit. (Civil Act Article 536) |
| If the lessee terminates the lease midway, it is not easy to recover the lease deposit, and if the lessor does not return the deposit even though the lease has terminated, the lessee should not move out until the deposit is returned, in order to maintain the opposing power and the right to preferential reimbursement. (Supreme Court Judgment, March 13, 2008, 2007Da54023) |
Even after the lease terminates, until the lessee recovers the deposit the lease relationship is deemed to continue, so the lessor and the lessee retain the rights and obligations under the lease as they are. (Housing Lease Protection Act Article 4, Paragraph 2) |
The lessee bears the obligation to pay rent while holding a defense of simultaneous performance, refusing to hand over the leased housing until the deposit is returned, and the lessor holds the right to claim rent while holding a defense of simultaneous performance, refusing to pay the deposit until the leased housing is handed over. However, even if the lessee does not perform the counter-obligation of handing over the leased housing, once the lessee obtains an enforceable title, compulsory execution may be commenced.(Housing Lease Protection Act Article 3-2, Paragraph 1 and Civil Execution Act Article 41) |
2. Daeryun's Assistance with the Jeonse Deposit Lawsuit
For the client who could not recover the deposit even after the jeonse lease had expired, Daeryun Law Firm assembled a team of attorneys with extensive experience in jeonse deposit lawsuits and assisted with the overall procedure of the lawsuit.
Argument That the Client Clearly Expressed an Intention Not to Renew Starting Two Months Before the Contract Ended
The client and the lessor entered into a two-year lease.
As the lease termination date approached, the client expressed by text message to the lessor an intention not to renew.
Daeryun's attorney submitted the records of the client's text messages as evidence in the jeonse deposit lawsuit to support this argument.
Argument That the Lessor Was Intentionally Avoiding the Client
After the client expressed an intention not to renew the contract, the client could not reach the lessor.
Feeling frustrated, the client visited the licensed real estate agency that had assisted with the contract, and the agent, after hearing the client's account, gave the client another phone number for the lessor.
When the client called the newly obtained number, the lessor finally responded that he did not have the means to return the deposit.
The client, having no choice, sent the lessor a certified content letter requesting the return of the deposit, but the lessor gave no response, and the client was compelled to file a jeonse deposit lawsuit.
The Point That the Client Was Suffering Significant Economic Harm by Not Recovering the Jeonse Deposit
After the two-year jeonse term ended, the client, who could not recover the jeonse deposit, came to experience economic difficulty.
Unable to put together the funds needed to move to a new place, the client had to take out a loan, and with the added interest the client was suffering a loss.
Daeryun's attorney argued that the deposit had to be recovered through the jeonse deposit lawsuit.
3. Result of the Jeonse Deposit Lawsuit: The Full Deposit Recovered
The client, who could not recover the jeonse deposit from the lessor, came to Daeryun to pursue a jeonse deposit lawsuit. Daeryun's team of attorneys assisted with the overall procedure of the lawsuit, and as a result, the client was able to recover the full deposit from the lessor.
Daeryun's Assistance That Led to a Favorable Judgment in the Jeonse Deposit Lawsuit
The client, who could not recover the deposit from the lessor even though the jeonse term had ended, came to Daeryun to file a jeonse deposit lawsuit.
Daeryun assembled a team of attorneys with extensive experience in jeonse deposit lawsuits and assisted with the overall procedure of the lawsuit.
The court accepted Daeryun's arguments, and the client was able to recover the full jeonse deposit from the lessor.
If you, like this client, are concerned about a jeonse deposit lawsuit, you are welcome to consult Daeryun Law Firm at any time.
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