[Ulsan Real Estate Attorney Assistance Case] Successful Full Return of the Deposit and Claim for Consolation Money With the Assistance of an Ulsan Real Estate Attorney

The Ulsan real estate attorney conducted detailed consultation with the client.

The client concluded a lease contract with the defendant, who was the lessor, and moved into the house.

However, the house into which the client moved had such a strong paint odor that the client's family members showed abnormal symptoms, including vomiting.

When a specialized company was called in to measure the air quality, the house showed a reading that exceeded the recommended standard for indoor air quality by six times.

The client stayed in temporary lodging and asked the defendant to resolve the matter, but the defendant took no action.

The client delivered the building and gave notice of termination of the contract.

However, the defendant has still not returned the deposit up to the present, so the client requested assistance from the Ulsan real estate attorney in order to pursue a lawsuit for the return of the deposit.

■ Laws related to the case explained by the Ulsan real estate attorney

■ Grounds for termination by the lessee

▶Civil Act, Article 627

Where part of the leased house cannot be used or profited from, without any fault of the lessee, due to destruction or other cause, and the purpose of the lease cannot be achieved with the remaining part

■ Return of the leased house and return of the lease deposit

▶ Return of the lease deposit for prevailing in a jeonse deposit lawsuit (housing)

When a lease is terminated, such as by the expiration of the lease term, the lessor has an obligation to return the deposit to the lessee. - Supreme Court Decision 87Da-Ka1315, January 19, 1988

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

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

▶ Preparation before securing a title of execution

1. Sending certified mail : To urge the return of the deposit

2. Application for provisional attachment : For the purpose of preserving compulsory execution against the lessor's movables or real estate

The client delivered the building to the defendant and prepared to move.

However, because the client had not been repaid the deposit by the defendant, the client is living in temporary lodging.

The Ulsan real estate attorney urged that the client urgently needs to receive the lease deposit promptly in order to secure proper housing.

The defendant, who was the lessor, breached the obligation to enable the client to fully use the leased house.

The Ulsan real estate attorney argued that, due to the defendant's default, the client's intent to terminate the lease contract was appropriate.

Although the defendant discovered a major defect in the house, the defendant took no action for the client.

The Ulsan real estate attorney argued that this was a serious defect that made use of the house impossible and constituted grounds on which the client could terminate the contract.

In addition, the attorney argued that the client, who had suffered financial loss, should be compensated.

The client above discovered a significant defect in the house under the lease agreement, but the defendant, who was the landlord, took no action, so the client sought to terminate the contract and recover the deposit.

With the assistance of an Ulsan real estate attorney, the client was able to terminate the contract without difficulty and claim a full return of the deposit as well as consolation money.

If you are facing difficulties in a similar situation, you may request a consultation with an Ulsan real estate attorney at Daeryun Law Firm at any time.