CONTENTS
- 1. The Client Who Came to a Gyodae Real Estate Specialist Attorney
- 2. The Complaint Received by the Client of the Gyodae Real Estate Specialist Attorney
- 3. The Gyodae Real Estate Specialist Attorney's Defense of the Client
- - In the Gyodae Real Estate Specialist Attorney's Case, the Plaintiff Was Making an Unreasonable Argument
- - In the Gyodae Real Estate Specialist Attorney's Case, the Plaintiff Had Stated That Damages for Emotional Distress Would Be Paid
- 4. The Judgment for the Gyodae Real Estate Specialist Attorney's Client
1. The Client Who Came to a Gyodae Real Estate Specialist Attorney
The client who came to the Seocho real estate specialist attorney stated that they were the defendant in a lawsuit for the return of a lease deposit and requested the assistance of a real estate specialist attorney. The client's account was as follows.
The client was the owner of a unit in an apartment building, and they had entered into a lease agreement with the plaintiff who filed the lawsuit in this case.
The plaintiff paid the client the down payment, the interim payment, and the balance in accordance with the lease agreement.
After entering into the lease agreement, the plaintiff's child became seriously ill, and the plaintiff reportedly became hesitant about moving into the apartment in this case.
The plaintiff therefore asked the client, the Seocho real estate specialist attorney's client, whether there was any way to terminate the lease agreement.
The client responded that they would find a new tenant and, once that tenant paid a deposit, would return the deposit the plaintiff had paid.
The plaintiff in the Seocho real estate specialist attorney's case then made every effort to find a new tenant, but real estate prices fell nationwide, and it was difficult to find a new tenant who would enter into a contract at the jeonse amount the plaintiff had agreed to.
As a result, a new tenant was secured at a somewhat lower amount. Afterward, when the plaintiff demanded the return of the lease deposit, the client deposited the amount after deducting the difference in the jeonse amount, consolation money, and a brokerage fee of fifteen million won.
However, the plaintiff in this case argued that deducting the brokerage fee, the consolation money, and the like was improper, and filed a lawsuit demanding the return of the corresponding amount.
2. The Complaint Received by the Client of the Gyodae Real Estate Specialist Attorney
The complaint that the Seocho real estate specialist attorney's client received in this case contained the following claim by the plaintiff.
The defendant shall pay the plaintiff fifteen million won, together with an amount calculated at the rate of 12 percent per annum from the date of this claim until the date of full payment.
Finding this absurd, the client came to the Seocho real estate specialist attorney and requested assistance in order to obtain the dismissal of the plaintiff's claim.
3. The Gyodae Real Estate Specialist Attorney's Defense of the Client
In order to obtain the dismissal of the plaintiff's claim in the client's case, the Seocho real estate specialist attorney presented the following arguments.
In the Gyodae Real Estate Specialist Attorney's Case, the Plaintiff Was Making an Unreasonable Argument
The plaintiff in the Seocho real estate specialist attorney's case is asserting the child's illness and similar reasons as the grounds for terminating the jeonse agreement.
However, the reasons asserted by the plaintiff do not correspond to any of the grounds for termination set forth in the real estate jeonse agreement, and they amount to nothing more than a simple change of mind.
The Seocho real estate specialist attorney's client could have terminated the jeonse agreement in this case without returning the down payment, yet accommodated the plaintiff's convenience.
In the Gyodae Real Estate Specialist Attorney's Case, the Plaintiff Had Stated That Damages for Emotional Distress Would Be Paid
The Seocho real estate specialist attorney's client deducted the consolation money when depositing the jeonse amount to the plaintiff, and the plaintiff argues that deducting the consolation money is improper.
However, according to the evidence submitted by Daeryun, the client told the plaintiff that they intended to receive consolation money, and the plaintiff stated that they would pay the consolation money.
The client merely paid the deposit after deducting the consolation money that had been agreed upon from the outset, and it can be concluded that there is no amount whatsoever that the Seocho real estate specialist attorney's client must return to the plaintiff.
4. The Judgment for the Gyodae Real Estate Specialist Attorney's Client
Having heard the arguments of the Seocho real estate specialist attorney, the court rendered the following judgment.
1. The plaintiff's claim is dismissed.
2. The litigation costs shall be borne by the plaintiff.
The court, accepting the arguments of the Seocho real estate specialist attorney, dismissed the plaintiff's claim in this case in its entirety.
This was possible because a solution suited to the client's case was devised in order to relieve the client's sense of injustice.
In a 🔗lease agreement dispute, there are cases in which, even after accommodating the other party's convenience, one ends up being sued as in this case.
To avoid suffering such injustice, you should consult a real estate specialist attorney as soon as you receive a complaint.
If you come to Daeryun LLC, where Seocho real estate specialist attorneys are available, we will prepare a response suited to your case. Whenever you need a real estate specialist attorney, please feel free to request a consultation.
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.
