[Monthly-Rent Deposit Recovery Lawsuit Favorable Judgment] Favorable Judgment in the Monthly-Rent Deposit Recovery Lawsuit With the Full Deposit Returned

This is the case of a client who came to Daeryun for a monthly-rent deposit recovery lawsuit.

The client and the defendant in this case are in a lessee and lessor relationship, having entered into a lease agreement.

A few years ago, the defendant purchased the building from a non-party and, after completing the registration of ownership transfer, succeeded to the position of lessor.

Afterward, the defendant and the client extended the lease and entered into a new agreement.

After the lease expired, the client requested the return of the deposit from the defendant on several occasions, but the defendant refused to return the deposit without any particular reason.

The client therefore came to Daeryun Law Firm to request assistance in filing a monthly-rent deposit recovery lawsuit against the landlord.

When a lease terminates upon expiration of the lease term or for similar reasons, the lessor has the obligation to return the deposit to the lessee.

- Supreme Court, January 19, 1988, Judgment No. 87daka1315

Housing Lease Protection Act

Where a lessee applies for an auction pursuant to a final and conclusive judgment in a lawsuit claiming the return of a deposit or another comparable title of execution, the performance or tender of performance of the counter-obligation shall not be a requirement for commencing execution, notwithstanding Article 41 of the 「Civil Execution Act」 concerning the requirements for commencing execution.

- Housing Lease Protection Act Article 3-2

Where the deposit is not returned after the lease has ended, the lessee may apply for an order to register the lease right with the district court, district court branch, or city or county court having jurisdiction over the location of the leased housing.

- Housing Lease Protection Act Article 3-3

Even where the lease terminates, the lease relationship is deemed to continue until the lessee receives the deposit back, so the lessor and the lessee continue to hold their rights and obligations under the lease agreement.

- Housing Lease Protection Act Article 4-2

Preparation Before Securing a Title of Execution

1. Sending certified mail (content-certified mail): urging the return of the deposit

2. Applying for provisional attachment: for the purpose of preserving compulsory execution against the lessor's movable or immovable property

The plaintiff handed over the building to the defendant at the same time the lease ended.

Accordingly, the plaintiff argued that the defendant had an obligation to return the full deposit to the plaintiff.

The plaintiff requested the return of the deposit from the defendant on several occasions.

The defendant, however, refused to return the deposit without any particular reason, and the plaintiff argued that the defendant could no longer be reached.

The case above was one in which the client, who had not been receiving the deposit back from the landlord, obtained a favorable judgment in the monthly-rent deposit recovery lawsuit and recovered the deposit.

If you find yourself in a difficult situation like this, unable to recover a deposit, resolving the matter through a monthly-rent deposit recovery lawsuit with the assistance of a specialist attorney can be the most reliable approach.

At Daeryun Law Firm, specialist attorneys with extensive experience in various real estate and contract-related lawsuits lead the client's case.

The firm establishes a strategy favorable to the client and prepares practical countermeasures, so if you need assistance in a situation like the case above, you may come to the nearest Daeryun Law Firm at any time.