CONTENTS
- 1. Jeju Real Estate Specialist Attorney | Reviewing the Case
- 2. Jeju Real Estate Specialist Attorney | Clarifying Terms
- 3. Jeju Real Estate Specialist Attorney | Assistance
- - Jeju Real Estate Specialist Attorney | Order for Registration of the Lease Right
- 4. Jeju Real Estate Specialist Attorney | Defense
- - Jeju Real Estate Specialist Attorney | Emphasizing That the Client Gave Notice of Refusal to Renew
- - Jeju Real Estate Specialist Attorney | Emphasizing That the Defendant Is Obligated to Return the Deposit
- - Jeju Real Estate Specialist Attorney | Emphasizing That the Defendant Bears Liability for Delay
- 5. Jeju Real Estate Specialist Attorney | Judgment
1. Jeju Real Estate Specialist Attorney | Reviewing the Case
The case in which the client sought the assistance of the Jeju real estate attorney was as follows.
The client was the lessee of a house owned by the defendant, and had entered into a two-year lease with a deposit of 100 million won and no monthly rent.
As the end of the contract term approached, the client, planning to move out, notified the defendant of the refusal to renew the contract two months before the contract expiration date.
After that, the client informed the defendant several times by telephone, text message, and orally that they would vacate the property in two months and that the deposit had to be returned.
However, one week before the contract expiration date, the defendant suddenly said that he had no money and that returning the deposit would be difficult.
The client, who needed the deposit returned, sent the defendant a certified mail requesting that the jeonse deposit be returned without exception on the contract expiration date, and also sent a text message stating that the certified mail had been sent.
However, the defendant not only failed to return the deposit but also did not reply to the text messages, so the client sought out the Jeju real estate attorney because resolution of this case was necessary.
2. Jeju Real Estate Specialist Attorney | Clarifying Terms
The Jeju real estate attorney explains the terms used in this case.
*Lessee : A person who pays money under a lease agreement and borrows and uses the object (such as a house)
*Deposit : Money delivered to secure obligations that may arise; under a lease agreement, obligations such as monthly rent or maintenance fees may arise, so this is money to secure them
*Rent : Money paid as consideration for the use and profit of the leased object; under a lease agreement, this is the concept of monthly rent
*Refusal of contract renewal : Refusing, in a lease agreement, the automatic renewal of the contract period after the contract expiration date
*Content-certified mail : Registered mail sent to demand a claim; under a lease agreement, this is registered mail containing a demand to return a deposit that was not returned |
3. Jeju Real Estate Specialist Attorney | Assistance
The Jeju real estate attorney first filed for a lease registration order in order to recover the client's jeonse deposit.
Because handing over the house to the defendant without having recovered the jeonse deposit would result in the loss of opposing power, the house had not yet been handed over,
and the application was filed because completing the lease registration allows opposing power to be maintained even after the house is handed over.
Jeju Real Estate Specialist Attorney | Order for Registration of the Lease Right
Housing Lease Protection Act Article 3-3 (Order to Register a Lease)
① Where the deposit has not been returned after the lease has ended, the lessee may apply for an order to register the 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.
🔗An order to register a lease is a system under which, once the lease registration is completed, the lessee is granted the right of opposition and the right to preferential reimbursement.
4. Jeju Real Estate Specialist Attorney | Defense
The Jeju real estate attorney undertook the representation.
Jeju Real Estate Specialist Attorney | Emphasizing That the Client Gave Notice of Refusal to Renew
The Jeju real estate specialist attorney's client expressed an intention to refuse renewal two months before the contract expiration date.
Thereafter, the client repeatedly gave notice of an intention to vacate and demanded the return of the deposit.
When the defendant suddenly said that returning the deposit would be difficult, the client even sent certified mail.
Jeju Real Estate Specialist Attorney | Emphasizing That the Defendant Is Obligated to Return the Deposit
As a result of the renewal-refusal notice by the client of the Jeju real estate specialist attorney, the defendant came under an obligation to return the deposit.
The lease agreement between the client and the defendant terminated without renewal, and the defendant has an obligation to return the deposit upon being delivered the house by the client.
Jeju Real Estate Specialist Attorney | Emphasizing That the Defendant Bears Liability for Delay
The client of the Jeju real estate attorney has not yet delivered the house, but has completed vacating it.
Because delivering the house while the deposit has not been returned would result in the loss of the opposing power, the client did not deliver it, and accordingly applied for an order to register the lease right; they intend to deliver the house immediately once the lease right registration is completed.
The client has already given notice of moving out and has vacated the premises, and has thus performed the duty of delivery.
Accordingly, the defendant must pay the client of the Jeju real estate attorney the deposit of 100 million won and delayed-payment damages from the day following the expiration date of the contract until the date of full repayment.
5. Jeju Real Estate Specialist Attorney | Judgment
Having heard the arguments of the Jeju real estate attorney, the court rendered a judgment fully upholding the client's claim, ordering the defendant to pay the jeonse deposit of 100 million won together with delay damages.
Because the client had not yet completely handed over the residence to the defendant, there was a possibility that they might not have been able to recover the deposit,
but with the assistance of the Jeju real estate attorney, including the application for an order to register the lease right, the client was able to recover both the deposit and the delay damages.
Jeju Daeryun LLC has numerous 🔗successful cases of deposit return lawsuits similar to the client's.
If you are concerned about not being able to recover your deposit, please consult a Jeju real estate attorney now.
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.
