CONTENTS
- 1. The Circumstances That Brought the Client to the Cheonan Real Estate Law Attorney
- - Cheonan Real Estate Law Attorney Emphasizes the Need for a Specialist When Pursuing a Claim for the Return of a Deposit
- - The Claim for the Return of a Deposit as Explained by the Cheonan Real Estate Law Attorney
- 2. The Matters of Assistance Provided by the Cheonan Real Estate Law Attorney
- - Cheonan Real Estate Law Attorney: "The Defendant Has an Obligation to Return the Deposit to the Client"
- - Cheonan Real Estate Law Attorney: "The Defendant's Failure to Perform the Obligation to Return the Deposit Caused Economic Loss to the Client"
- 3. The Result of the Cheonan Real Estate Law Attorney's Assistance: A Favorable Judgment
1. The Circumstances That Brought the Client to the Cheonan Real Estate Law Attorney
The client who requested a consultation with the Cheonan attorney specializing in real estate law had, upon expiration of the contract term, not received the deposit even though he had handed over the property.
The client had been living in an apartment in Cheonan on a monthly rental basis and later changed the arrangement to a jeonse contract.
At the time of the contract, the landlord said that, if he ever wished to terminate the contract, he would return the deposit at any time as long as notice was given one month in advance.
However, when the client, with two months remaining on the contract term, requested the return of the deposit on the basis that he would not renew once the contract expired, the only response he received was that there was no money.
In the end, the landlord did not return the deposit even after the contract expiration date had passed, and the client had to take out a loan in order to move to another home.
The client therefore decided to pursue a lawsuit to recover the deposit along with damages for delay, and in order to obtain legal assistance, he came to the real estate law attorney at the Cheonan office.
Cheonan Real Estate Law Attorney Emphasizes the Need for a Specialist When Pursuing a Claim for the Return of a Deposit
The Cheonan attorney specializing in real estate law emphasized that, in order to recover not only the return of the deposit on the property but also damages for delay, one must be able to specifically prove the loss one has suffered.
In addition, after listening carefully to the client's detailed circumstances, the Cheonan attorney specializing in real estate law conducted the consultation while presenting solutions suited to the client's situation.
The Claim for the Return of a Deposit as Explained by the Cheonan Real Estate Law Attorney
A claim for the return of a deposit is a lawsuit that a tenant may file when the deposit is not returned even though a 🔗lease contract, such as a jeonse contract, has ended.
When a lease ends, the tenant must return the leased dwelling in accordance with the terms of the contract, and the landlord assumes the obligation to return the lease deposit.
If, however, there is a landlord who does not fulfill this obligation, a claim for the return of the deposit may be filed against that landlord.
Laws related to the case as organized by the Cheonan real estate law attorney
• Even after a lease ends, the lease relationship is deemed to continue until the tenant has the deposit returned, and therefore the landlord and the tenant retain the rights and obligations under the lease contract as they were. (Housing Lease Protection Act, Article 4(2))
• The tenant bears the obligation to pay rent while also holding a defense of simultaneous performance to refuse delivery of the leased dwelling until the deposit is returned, and the landlord holds the right to claim payment of rent while also holding a defense of simultaneous performance to refuse payment of the deposit until the leased dwelling is delivered. However, even if the tenant does not perform the counter-obligation of delivering the leased dwelling, the tenant may commence compulsory execution once a title of execution is obtained. (Housing Lease Protection Act, Article 3-2(1), and Civil Execution Act, Article 41)
2. The Matters of Assistance Provided by the Cheonan Real Estate Law Attorney
After closely reviewing the client's case, the Cheonan attorney specializing in real estate law established a strategy favorable to the client.
The attorney then made the following arguments so that they could recover the deposit.
Cheonan Real Estate Law Attorney: "The Defendant Has an Obligation to Return the Deposit to the Client"
As the lease contract ended, the client returned the leased dwelling to the landlord and thereby fulfilled his obligations as a tenant.
However, the defendant has still not returned the client's deposit to this day.
Accordingly, the Cheonan attorney specializing in real estate law argued that the defendant, as the landlord, had an obligation to return the lease deposit and was failing to perform it.
Cheonan Real Estate Law Attorney: "The Defendant's Failure to Perform the Obligation to Return the Deposit Caused Economic Loss to the Client"
Although the defendant had an obligation to return the deposit, he did not perform it.
As a result, the client, who had to take out a loan because he did not receive the deposit, suffered economic loss, including loan interest.
The Cheonan attorney specializing in real estate law argued that the defendant's failure to perform the obligation to return the deposit caused economic loss to the client and that the defendant should compensate for it.
3. The Result of the Cheonan Real Estate Law Attorney's Assistance: A Favorable Judgment
The court, accepting the arguments prepared by the Cheonan attorney specializing in real estate law for the return of the client's deposit, ordered the defendant to pay the deposit together with damages for delay.
The court also ordered the defendant to bear the litigation costs.
If You Are Not Receiving Your Deposit
The case above was one in which the client came to the real estate law attorney at Daeryun's Cheonan office to pursue a claim for the return of a deposit against a landlord who would not return the deposit even though the lease contract had expired.
At Daeryun, attorneys specializing in real estate law who focus on various real estate disputes, including leases and 🔗ownership, personally handle matters from consultation through trial.
If you are experiencing difficulties with the return of a deposit as described above, please feel free to contact Daeryun's 🔗Cheonan attorney specializing in real estate law.
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.
