[Ansan Civil Litigation Attorney Assistance Case] Full Recovery of the Deposit With the Assistance of an Ansan Civil Litigation Attorney

The Ansan civil litigation attorney conducted a thorough consultation with the client.

The client had paid a jeonse deposit to the defendant, who was the landlord, and had entered into a lease contract.

Four months before the contract expiration date, the client, who needed to move, conveyed an intention to refuse renewal of the contract.

The defendant, however, did not return the deposit to the client, and because the client did not receive the deposit, the client was unable to move to the planned location.

The client therefore requested assistance from the Ansan civil litigation attorney of Daeryun Law Firm for a lawsuit seeking the return of the lease deposit.

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

▶ Return of the lease deposit (housing) for winning a jeonse deposit suit

When a lease terminates due to the expiration of the lease term or for another reason, the landlord has an obligation to return the deposit to the tenant. - Supreme Court, decided January 19, 1988, Judgment 87Daka1315

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

(1) Where a tenant applies for an auction of the leased housing pursuant to a final judgment in a deposit return suit or another title of execution equivalent thereto, the performance or tender of performance of a counter-obligation shall not be a requirement 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 to Register a Leasehold)

(1) Where the deposit is not returned after the lease has ended, the tenant may apply for an order to register the leasehold with the district court, branch of the district court, or city or county court having jurisdiction over the location of the leased housing.

▶ 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 landlord's movable or immovable property

The client intended to deliver the building to the defendant and move out upon the expiration of the lease contract.

Because the defendant did not return the deposit, however, the client was unable to make the planned move, and financial loss resulted.

The Ansan attorney argued that the defendant should also compensate the client for the financial loss.

The Ansan attorney submitted the record of the conversation between the client and the defendant.

The client conveyed an intention to refuse renewal of the lease contract to the defendant 4 months before the contract expired.

The Ansan civil litigation attorney argued that, because the defendant and the client had never agreed to renew the lease contract, the deposit had to be returned.

Under the lease contract, the defendant, who is the landlord, must return the deposit to the client, who is the tenant, upon the expiration of the contract.

The client had already delivered the building in question to the defendant.

The Ansan attorney noted that the defendant had not fulfilled the obligation to return the deposit.

The client pursued a suit for the return of the deposit against a landlord who would not return it.

With the civil litigation attorney's assistance, the client was able to recover the full deposit without difficulty.

At Daeryun Law Firm, a civil litigation attorney with extensive experience and specialized knowledge assists clients.

If you have a concern similar to that of the client above, you may seek out a civil litigation attorney of Daeryun Law Firm at any time.