CONTENTS
- 1. The client who came to the Ilsan civil attorney
- - The client who requested assistance from the Ilsan civil attorney
- - The statutes relevant to the case, explained by the Ilsan civil attorney
- 2. The assistance provided by the Ilsan civil attorney
- - Ilsan civil attorney argues that the defendant is avoiding the client's contact
- - Ilsan civil attorney argues that the client clearly stated having no intention to extend the contract
- 3. The result of the Ilsan civil attorney's assistance
1. The client who came to the Ilsan civil attorney
The client who came to the Ilsan civil litigation attorney had not received the lease deposit back from the defendant even though the lease term had expired, and requested the assistance of the civil litigation attorney at the Ilsan office in order to file a lawsuit.
The client who requested assistance from the Ilsan civil attorney
The client in this case entered into a lease agreement with the defendant, then took delivery of the property and completed the move-in report.
As the expiration date of the contract approached, the client informed the defendant on several occasions that there was no intention to renew, in order to move out.
However, the defendant reportedly stated that the lease deposit could not be returned until a new tenant was found.
When the defendant did not return the deposit even long after the expiration date of the contract had passed, the client 🔗a lawsuit for the return of a monthly-rent deposit decided to pursue and came to the Ilsan civil litigation attorney to request assistance.
The statutes relevant to the case, explained by the Ilsan civil attorney
These are the statutes related to the case, as explained by the Ilsan civil litigation attorney.
■ Return of the leased dwelling and return of the lease deposit
▶ Return of the lease deposit (dwelling) for winning a jeonse deposit lawsuit
When the lease is terminated due to the expiration of the lease term or otherwise, the lessor has an obligation to return the deposit to the lessee. - Supreme Court Decision 87Da-Ka1315, rendered on January 19, 1988
▶ Housing Lease Protection Act Article 3-2 (Recovery of the Deposit)
Where a lessee applies for an auction of the leased dwelling pursuant to a final judgment in a lawsuit for the return of the deposit or another title of execution equivalent thereto, notwithstanding Article 41 of the “Civil Execution Act” concerning the requirements for the commencement of execution, the performance or the tender of performance of a counter-obligation shall not be a requirement for the commencement of execution.
▶ Housing Lease Protection Act Article 3-3 (Order for Registration of Lease)
Where the deposit has not been returned after the lease has ended, the lessee may apply for an order for registration of the lease to the district court, district court branch, or city or county court having jurisdiction over the location of the leased dwelling.
▶ Preparations before securing a title of execution
1. Sending mail by content-certified delivery : to demand 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
2. The assistance provided by the Ilsan civil attorney
The Ilsan civil litigation attorney conducted a thorough consultation with the client and formed a team of civil litigation attorneys at the Ilsan office with extensive experience in civil cases.
The Ilsan civil litigation attorney developed a strategy so that they could win the case and argued as follows.
Ilsan civil attorney argues that the defendant is avoiding the client's contact
The client argued that, although the defendant had been contacted several times to demand the return of the deposit, the defendant was evading the matter.
Ilsan civil attorney argues that the client clearly stated having no intention to extend the contract
The client expressed the intention not to extend the contract as the expiration date of the contract approached.
The property was subsequently delivered to the defendant, yet the deposit has still not been returned.
Accordingly, the client argued that the defendant had an obligation to pay the full amount of the deposit and delay damages.
3. The result of the Ilsan civil attorney's assistance
The court, accepting the argument of the Ilsan civil litigation attorney, rendered a judgment on this case stating “The defendant shall pay the plaintiff the full amount of the deposit and delay damages.”
Thanks to the prompt assistance of the Ilsan civil litigation attorney, the client was able to recover the full amount of the deposit without difficulty.
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