[Jeju Real Estate Specialist Attorney Assistance Case] Successfully Recovering the Full Deposit Through the Assistance of a Jeju Real Estate Specialist Attorney

The client who sought out a Jeju real estate specialist attorney had paid the full deposit to the defendant, the landlord, when entering into the lease.

As the lease term neared its end, the client stated that the lease would be terminated and that there was no intention to extend it.

The defendant, however, avoided the client's contact and would not return the deposit.

The client therefore requested the assistance of a Jeju real estate specialist attorney at Daeryun Law Firm in order to pursue a lawsuit for the return of the deposit.

■ Laws related to the case, as explained by the Jeju real estate specialist attorney

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

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

When a lease is terminated due to the expiration of the lease term or the like, the landlord has an obligation to return the deposit to the tenant. - Supreme Court Decision 87Daka1315, rendered January 19, 1988

▶ 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 lawsuit for the return of the deposit or another equivalent title of execution, the performance or tender of performance of the counter-obligation shall not be a requirement for the commencement of execution, notwithstanding Article 41 of the Civil Execution Act concerning the requirements for the commencement of 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 tenant 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 having jurisdiction over the location of the leased housing.

▶ Preparation Before Securing a Title of Execution

1. Sending certified mail : To demand 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 had conveyed an intention to refuse renewal of the lease to the defendant six months before the expiration of the contract.

The Jeju real estate specialist attorney argued that because the defendant and the client had never agreed to renew the lease, the deposit must be returned.

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

The client had already delivered the real estate to the defendant.

The Jeju real estate specialist attorney pointed out that the defendant had not fulfilled the obligation to return the deposit.

The client attempted to contact the defendant more than six times, but the defendant would not answer the calls.

The Jeju real estate specialist attorney argued that the defendant was still not giving a definite answer as to whether the deposit would be returned.

The client in the above case had not received the deposit from the defendant, the landlord, even though the lease had been terminated.

Through the assistance of the Jeju real estate specialist attorney, the client was able to recover the full deposit in the lawsuit for the return of the deposit.

At Daeryun Law Firm, attorneys with extensive experience and specialized knowledge of real estate provide assistance to clients.

If you have concerns similar to those of the client, you may seek out a Jeju real estate specialist attorney at Daeryun Law Firm at any time.