[Gunsan Law Office Assistance Case] With the Gunsan Law Office's Assistance, the Client Successfully Recovered a Deposit of Approximately 200 Million Won and Delay Damages

The client who came to the Gunsan law office had paid the full jeonse deposit to the defendant, the lessor, and entered into a lease agreement.

As the expiration date of the contract approached, the client conveyed an intention to decline renewal and then handed over the apartment.

However, the defendant disregarded the client's intention, asked the client to wait only until a new tenant arrived, and did not return the lease deposit.

The client therefore requested assistance from the Gunsan law office of Daeryun Law Firm to file a lawsuit for the return of the lease deposit.

■ Relevant Statutes Explained by the Gunsan Law Office

■ Return of the Leased House and Return of the Lease Deposit

▶ Return of the Lease Deposit (Housing) for Winning a Jeonse Deposit Lawsuit

When a lease terminates, such as upon the expiration of the lease term, the lessor has an obligation to return the deposit to the lessee. - Supreme Court Decision 87Daka1315, January 19, 1988

▶ Housing Lease Protection Act Article 3-2 (Recovery of the Deposit)

(1) Where a lessee applies for an auction of the leased house based on a final and conclusive judgment in a lawsuit for the return of the deposit or another comparable title of execution, the performance of a counter-obligation or the tender of such performance shall not be required as a condition for commencing execution, notwithstanding Article 41 of the 「Civil Execution Act」 concerning the requirements for commencing execution.

▶ Housing Lease Protection Act Article 3-3 (Order for Registration of the Right of Lease)

(1) Where the deposit has not been returned after the lease has ended, the lessee may apply for an order for registration of the right of lease to the district court, the branch of the district court, or the city or county court that has jurisdiction over the location of the leased house.

▶ Preparation Before Securing a Title of Execution

1. Sending a certified mail : to demand the return of the deposit

2. Filing a provisional attachment : to preserve the ability to enforce against the lessor's movable or immovable property

Under the lease agreement, the defendant, as the lessor, must return the deposit to the client, the lessee, upon the expiration of the contract.

The client had already handed over the building to the defendant.

Daeryun's Gunsan law office therefore argued that the defendant had an obligation to return the deposit.

The Gunsan law office submitted the record of conversations between the client and the defendant.

It argued that the client had clearly informed the defendant of an intention to terminate the lease agreement.

The client had never agreed with the defendant to renew the lease agreement, and stated that he would move out on schedule, so the deposit should be returned.

The client needed to move and therefore had to recover the lease deposit as soon as possible.

However, because the defendant did not return the deposit, the client had to endure financial difficulty.

The Gunsan law office therefore argued that, because the defendant did not return the deposit, the client had to search for a new tenant even though he had no obligation to do so.

The client above visited the Gunsan law office to pursue a lawsuit for the return of the lease deposit because the defendant, the lessor, did not return the deposit.

With the assistance of the Gunsan law office, the client was able to recover the full lease deposit and even the delay damages.

If you are facing difficulties in a situation like this, you may visit the Gunsan law office of Daeryun Law Firm at any time.