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Deals & Cases

Lease deposit

Changwon Real Estate Specialist Attorney Assistance Case | Changwon Attorney Succeeds in Claiming the Full Real Estate Deposit

The client, who handled the case at the Changwon office of Daeryun Law Firm with the help of the Changwon real estate specialist attorney, succeeded in obtaining a full refund of the lease deposit and the delay damages from a counterparty who had become unreachable.

CONTENTS
  • 1. The Client Who Came to the Changwon Real Estate Specialist Attorney
    • - Circumstances of the Case Identified by the Real Estate Specialist Attorney
    • - Related Statutes Explained by the Real Estate Specialist Attorney
  • 2. The Changwon Real Estate Specialist Attorney's Assistance and the Course of the Litigation
    • - The Changwon Attorney's Assistance: Provisional Attachment of Real Estate
    • - The Changwon Attorney's Argument ① The Intent Not to Renew the Contract Was Clearly Communicated
    • - The Changwon Attorney's Argument ② The Premises Were Properly Restored
  • 3. Lease Deposit Return Lawsuit Through the Changwon Real Estate Specialist Attorney
    • - Real Estate Litigation Requires the Help of a Specialist

1. The Client Who Came to the Changwon Real Estate Specialist Attorney

The client who came to the Changwon real estate specialist attorney had not received a refund of the lease deposit even though the commercial lease contract had ended, and visited Daeryun's Changwon office to request a consultation.

Circumstances of the Case Identified by the Real Estate Specialist Attorney

Changwon real estate specialist attorney

The real estate specialist attorney promptly conducted a consultation in order to closely examine the lease deposit that the client had not recovered.

The client had entered into a commercial lease contract with the landlord at a deposit of 50 million won and a monthly rent of 2.5 million won.

The client moved out before the end of the contract due to relocating the store, but reportedly paid the rent regularly without falling into arrears.

Even when the lease contract ended, the landlord did not return the lease deposit, and although the client sent text messages several times requesting its return, the landlord continued to withhold it,

and after a month had passed, the landlord was not responding to any of the client's contacts.

The client therefore sought to pursue a lease deposit return lawsuit through the Changwon real estate attorney.

Related Statutes Explained by the Real Estate Specialist Attorney

The real estate specialist attorney explained the lease deposit return lawsuit as follows.

As a general rule, the lease deposit must be returned to the tenant immediately upon the end of the lease contract, and the procedure by which a tenant who has not received the deposit even after the lease contract ends files a lawsuit to legally recover the deposit is precisely the 'lease deposit return lawsuit.'

The related statutes are as follows.

▣ Return of the Leased House and Return of the Lease Deposit (Civil Act, Article 536)

When a lease terminates, in accordance with the terms of the lease contract, the tenant bears obligations such as the duty to return the leased house, and the landlord bears the duty to return the lease deposit.

▣ Lawsuit Claiming Return of the Deposit (Housing Lease Protection Act, Article 3-2 (1))

- Where the landlord does not return the deposit even though the lease term has expired, the tenant may, regardless of whether before or after vacating the leased house, apply for an auction of the leased house based on a final judgment in a lawsuit claiming return of the deposit, and thereby recover the deposit.

- Where the deposit cannot be recovered through a simplified out-of-court procedure such as a payment order, the deposit may be recovered through litigation as a last resort.

2. The Changwon Real Estate Specialist Attorney's Assistance and the Course of the Litigation

The Changwon real estate specialist attorney helped the client apply for a provisional attachment of real estate so that the client could recover the deposit in full, and argued the following points to the court in order to prevail in the deposit return lawsuit.

The Changwon Attorney's Assistance: Provisional Attachment of Real Estate

Because the landlord's intent to return the deposit and financial condition could not be known with certainty, the Changwon attorney advised that an application for 'provisional attachment of real estate' was necessary to prevent the worst outcome.

Provisional attachment of real estate refers to protecting one's rights in advance through an application for provisional attachment and provisional injunction, because even if a party prevails in a deposit return lawsuit, the deposit may not be recovered if the landlord has intentionally concealed assets.
Proceeding with this can place psychological pressure on the landlord, which may be advantageous for recovering the jeonse deposit quickly.

The attorney also helped ensure that, as soon as the client received the full deposit, the application in the provisional attachment of real estate matter could be withdrawn and the execution released.

The Changwon Attorney's Argument ① The Intent Not to Renew the Contract Was Clearly Communicated

Under Article 6 of the Housing Lease Protection Act (Renewal of Contract), the landlord must give the tenant notice of refusal to renew during the period from six months to two months before the end of the lease term.

The client, as the tenant, clearly communicated to the landlord four months before the end of the contract that the client had no intention of renewing the lease contract.

The Changwon Attorney's Argument ② The Premises Were Properly Restored

Under Articles 615 and 654 of the Civil Act, when a lease contract is terminated, the tenant must restore the leased object to its original condition at the tenant's own expense and surrender it to the landlord.

By relocating the store elsewhere before the end of the contract, the client had already closed the business that had occupied the premises, and the premises were restored to their condition at the time of the initial lease.

The attorney argued that the landlord had also fully confirmed the restored condition, and submitted a recording of a telephone conversation with the demolition contractor as evidence.

3. Lease Deposit Return Lawsuit Through the Changwon Real Estate Specialist Attorney

The Changwon real estate specialist attorney provided thorough assistance for the return of the client's deposit, and ultimately was able to recover the full amount of the deposit along with the delay damages.

Real Estate Litigation Requires the Help of a Specialist

As in the case above, real estate litigation involves complex procedures and required documents, so if a non-specialist responds inexpertly, recovery of the deposit can become difficult.

Receiving the help of a specialist with extensive experience in the relevant field is therefore a way to minimize losses.

Daeryun Law Firm operates a Construction and Real Estate Group, where attorneys holding the relevant specialist qualifications provide legal consultation so that clients can make more reasonable and informed choices from the client's perspective.

Daeryun has offices in regions across the country, so please make a reservation and visit a nearby location.

창원부동산전문변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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