A Daeryun Mokpo Case | Full Recovery of the Deposit and a Favorable Judgment with the Assistance of the Mokpo Law Firm

The Mokpo law firm conducted a consultation in order to understand precisely the case of the client, who had come to file a deposit recovery lawsuit.

Although the lease had ended, the client had not recovered the deposit from the landlord.

From several months before the termination date, the client had clearly stated that there was no intention to renew the contract, but the landlord gave no response.

Just before the termination date, the client learned that an auction of the leased home had commenced.

Even after that, the landlord remained out of contact. Accordingly, the client wished to recover the deposit with the help of the Mokpo law firm.

■ Statutes Concerning the Case, Explained by the Mokpo Law Firm

Civil Act Article 536

When the lease ends, the lessee bears the obligation to return the leased dwelling in accordance with the terms of the lease, and the lessor bears the obligation to return the lease deposit.

Housing Lease Protection Act Article 4, Paragraph 2

Even after the lease ends, the lease relationship is deemed to continue until the lessee recovers the deposit, and so the lessor and the lessee retain the rights and obligations under the lease.

Housing Lease Protection Act Article 3-2, Paragraph 1, and Civil Execution Act Article 41

The lessee bears the obligation to pay rent while holding a defense of simultaneous performance that allows the lessee to refuse delivery of the leased dwelling until the deposit is recovered, and the lessor holds the right to demand payment of rent while holding a defense of simultaneous performance that allows the lessor to refuse payment of the deposit until the leased dwelling is delivered. However, the lessee may commence compulsory execution upon obtaining a title of execution, even without performing the counter-obligation of delivering the leased dwelling.

When the lease ends, the lessee bears the obligation to return the leased dwelling in accordance with the terms of the lease, and the lessor bears the obligation to return the lease deposit.

However, the landlord was not performing the obligation to return the lease deposit, which a lessor must perform.

The Mokpo law firm argued that the landlord had deliberately avoided the client's attempts to make contact and had still not returned the deposit.

The Mokpo law firm argued that the client, who had recently entered the workforce, was facing financial hardship after failing to recover the jeonse deposit.

The client had entered the workforce, obtained funds for the jeonse deposit through a loan, and entered into the lease.

After the contract period expired, the client needed to secure a new home to move into, but because the landlord was not returning the deposit, the client was facing serious financial hardship.

The Daeryun Mokpo attorney conveyed that, because an auction of the leased home had commenced, the client could not even continue the lease.

The client who visited the Mokpo law firm was unable to recover a deposit from the landlord even after the lease had ended.

In response, the Mokpo law firm formed a team of Mokpo attorneys experienced in real estate litigation and assisted with all stages of the case.

As a result of the lawsuit, the court accepted the Mokpo attorney's arguments, and the client was able to recover the full deposit from the landlord.

If you, like the client above, are unable to recover a deposit, you may visit the Daeryun Mokpo law firm for a consultation.