CONTENTS
- 1. The Client Who Visited the Gwanggyo Law Office
- - The Circumstances of the Case as Understood by the Gwanggyo Law Office
- - The Statutes Relevant to the Case as Explained by the Gwanggyo Law Office
- 2. The Gwanggyo Law Office's Establishment of a Strategy
- - Gwanggyo Law Office, Arguing That the Client Had Made Efforts to Recover the Deposit
- - Gwanggyo Law Office, Arguing That the Landlord Had an Obligation to Return the Deposit
- 3. Full Return of the Deposit With the Assistance of the Gwanggyo Law Office
- - If You Are Seeking the Gwanggyo Law Office
1. The Client Who Visited the Gwanggyo Law Office
The client who visited the Gwanggyo law office requested the assistance of a Gwanggyo attorney because, although the lease had ended, the deposit had not been returned by the landlord.
The Circumstances of the Case as Understood by the Gwanggyo Law Office
🔗The Gwanggyo law office was visited by a client who wished to file a lawsuit because the deposit had not been returned by the landlord.
After entering into a lease with the landlord of the building in question, the client paid the full amount of the jeonse deposit.
Having moved into and lived in the building, the client notified the landlord of an intention to decline renewal of the lease as the expiration of the lease term approached.
However, the landlord put off the date for returning the lease deposit and did not return it.
Accordingly, the client requested the assistance of the Gwanggyo law office in order to pursue a 🔗deposit return lawsuit against the landlord.
The Statutes Relevant to the Case as Explained by the Gwanggyo Law Office
The Gwanggyo attorney at the Gwanggyo law office explained the statutes governing deposit return lawsuits.
When a lease is terminated by the expiration of the lease term or otherwise, the landlord is obligated to return the deposit to the tenant. - Supreme Court, judgment of January 19, 1988, 87Daka1315 |
▶ When a lease is terminated, the tenant bears the obligation to return the leased house and other duties in accordance with the terms of the lease, and the landlord bears the obligation to return the lease deposit. (Article 536 of the Civil Act)
▶ Even after a lease is terminated, the lease relationship is deemed to continue until the tenant receives the return of the deposit, so the landlord and the tenant retain their rights and obligations under the lease as they are. (Article 4(2) of the Housing Lease Protection Act)
▶ The tenant, while bearing the obligation to pay rent, holds a defense of simultaneous performance to refuse to deliver the leased house until the deposit is returned, and the landlord, while holding the right to claim payment of rent, holds a defense of simultaneous performance to refuse payment of the deposit until the leased house is delivered.
However, even if the tenant does not perform the counter-obligation of delivering the leased house, the tenant may commence compulsory execution once an enforcement title has been obtained.(Article 3-2(1) of the Housing Lease Protection Act and Article 41 of the Civil Execution Act)
2. The Gwanggyo Law Office's Establishment of a Strategy
The Gwanggyo attorney at the Gwanggyo law office provided assistance by drawing on extensive knowledge of deposit return lawsuits in order to recover the client's deposit.
Gwanggyo Law Office, Arguing That the Client Had Made Efforts to Recover the Deposit
The Gwanggyo law office argued that, even before the lease ended, the client had contacted the landlord to convey an intention to decline renewal and to recover the deposit.
The client expressed an intention to vacate the premises several months before the lease ended and thereafter continued to contact the landlord.
Gwanggyo Law Office, Arguing That the Landlord Had an Obligation to Return the Deposit
As the lease had ended, the landlord bears the obligation to return the deposit to the client.
The Gwanggyo law office argued that the landlord had failed to perform the obligation to return the deposit by making excuses.
3. Full Return of the Deposit With the Assistance of the Gwanggyo Law Office
The client who requested the assistance of the Gwanggyo law office wished to pursue a deposit return lawsuit against the landlord. With the assistance of the Gwanggyo attorney, the client was able to recover the full amount of the deposit. The client once again expressed gratitude to the Gwanggyo attorney.
If You Are Seeking the Gwanggyo Law Office
The client who visited the Gwanggyo law office wished to recover the deposit through a deposit return lawsuit.
As a result of the Gwanggyo attorney's assistance, the client was able to recover the full amount of the deposit.
At Daeryun Law Firm, experienced attorneys are available to assist clients throughout the year.
If you are facing a situation such as the one described above, please feel free to seek 🔗a consultation at the Gwanggyo law office of Daeryun Law Firm.
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.
