[Cheongju Attorney Assistance Case] Full Return of the Lease Deposit Achieved with the Assistance of the Cheongju Attorney

The client who requested assistance from the Cheongju attorney paid the deposit in full under a lease agreement with the lessor.

The client contacted the lessor and stated, ‘I have to move,’ giving advance notice that the client would terminate the lease agreement early.

Upon hearing the client's expression of intent to terminate, the lessor listed the building with a real estate agency.

However, the lessor thereafter did not return the lease deposit to the client.

The client therefore requested assistance from the Cheongju attorney of Daeryun LLC in order to proceed with a deposit return lawsuit against the lessor.

■ Laws relevant to a deposit return lawsuit as explained by the Cheongju attorney

■ Return of the Leased Housing and Return of the Lease Deposit
▶ Return of the lease deposit (housing) for prevailing in a jeonse deposit lawsuit

A lessor has an obligation to return the deposit to the lessee when the lease is terminated, such as upon expiration of the lease term. - Supreme Court Decision 87Daka1315, rendered January 19, 1988

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

① Where a lessee applies for an auction of the leased housing pursuant to a final judgment in a deposit return lawsuit or another comparable title of execution, the performance or tender of performance of a counter-obligation 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 to Register a Lease Right)

① Where the deposit has not been returned after the lease has ended, the lessee may apply for an order to register a lease right to the district court, branch of the district court, or city or county court having jurisdiction over the location of the leased housing.

▶ Preparation before obtaining a title of execution

1. Sending certified mail (content-certified mail) : urging the return of the deposit

2. Application for provisional attachment : for the purpose of preserving compulsory execution against the lessor's movable or immovable property

The Cheongju attorney argued that the client had given the lessor advance notice, three months before the termination of the lease agreement, that the client would terminate the agreement.

The attorney emphasized that the client had conveyed the intent to terminate to the lessor, and that, as the contract had ended, the client should receive the return of the deposit.

Under the lease agreement, in accordance with the lessee's intent to terminate the contract, the lessor must return the deposit.

The Cheongju attorney argued that the lessor had already received the building back from the client yet was not returning the deposit.

The lessor argued that he had never received any notice of intent to terminate the contract from the client.

However, the Cheongju attorney argued that, in the record of the conversation between the two, the lessor had in fact agreed to the client's intent to terminate the contract.

The client who came to the Cheongju attorney had not received the return of the deposit from the lessor under the lease agreement, and requested assistance from the attorney at Daeryun LLC.

As a result, with the assistance of the Cheongju attorney, the client prevailed in the deposit return lawsuit and was able to receive the full deposit and delay damages.

At Daeryun LLC, attorneys with substantial knowledge of deposit lawsuits assist clients.

If you are facing concerns in a case similar to that of the client above, please feel free to request assistance from the Cheongju attorney at Daeryun LLC at any time.