Gwangju Legal Consultation Case | Through a Gwangju Legal Consultation, the Full Deposit Was Recovered in a Deposit Return Lawsuit

The client's case, as understood through the Gwangju legal consultation, is as follows.

The client entered into a lease with the landlord of a building in Gwangju and paid the full deposit.

Three months before the lease termination date, the client gave notice to the landlord that the client would not renew the contract.

However, after giving this notice, the client could not reach the landlord, and after contacting the landlord through the licensed real estate agent, the landlord only replied that there were no means to return the deposit and otherwise remained unresponsive.

The client therefore sought to surrender the building to the landlord and recover the deposit, and requested assistance through a Gwangju legal consultation.

■ Laws Concerning the Return of a Deposit, Explained Through a Gwangju Legal Consultation

■ Return of the Leased Housing and Return of the Lease Deposit
▶ Return of the Lease Deposit for a Favorable Judgment in a Jeonse Deposit Lawsuit (Housing)

When a lease is terminated upon expiration of the lease term or otherwise, the landlord has an obligation to return the deposit to the tenant. - Supreme Court, Decision of January 19, 1988, 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 lawsuit or another comparable title of execution, the performance or tender of the 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 for Registration of the Lease Right)

(1) Where the deposit has not been returned after the lease has ended, the tenant may apply for an order for registration of the lease right 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. Applying for provisional attachment : for the purpose of preserving compulsory execution against the landlord's movable or immovable property

The record of communications between the client and the defendant, obtained through the Gwangju legal consultation, was submitted.

It was argued that the client had conveyed to the landlord an intention to refuse renewal of the lease beginning three months before the contract expired, and had continued to make efforts to convey that intention thereafter.

The Gwangju attorney argued that, upon expiration of the lease under the contract, the landlord was obligated to return the deposit to the client, who was the tenant.

It was argued that the landlord continued to fail to perform the obligation to return the deposit even though the contract term had passed.

It was argued that the landlord had not responded to the contact from the client who had the Gwangju legal consultation, and still had not done so.

It was emphasized that, even when contact was made, the landlord only offered excuses, stating that there was no ability to return the deposit.

The client who visited the Daeryun Gwangju law office for a Gwangju legal consultation sought to recover a deposit.

As a result of the Gwangju attorney's assistance, the client was able to recover the full deposit.

If you are facing concerns similar to those of the client above, you are welcome to visit Daeryun Law Firm for a Gwangju legal consultation at any time.