Ansan Civil Litigation Attorney's Assistance | Ansan Civil Litigation Attorney Wins a Civil Suit for Return of a Deposit

CONTENTS

1. The Client Who Came to the Ansan Civil Litigation Attorney
- - How the Client Came to Seek an Ansan Civil Litigation Attorney
- - Statutes Relevant to the Case, Explained by an Ansan Civil Litigation Attorney
2. Assistance Provided by the Ansan Civil Litigation Attorney
- - Assistance by the Ansan Civil Litigation Attorney 1. The Defendant's Argument
- - Assistance by the Ansan Civil Litigation Attorney 2. Economic Loss
3. Result of the Ansan Civil Litigation Attorney's Assistance: “Winning the Case”

1. The Client Who Came to the Ansan Civil Litigation Attorney

The client who came to the Ansan civil attorney, having been unable to recover the apartment deposit after the death of the client’s parents, requested a consultation in order to resolve the matter through civil litigation.

How the Client Came to Seek an Ansan Civil Litigation Attorney

The circumstances of the client that the Ansan civil litigation attorney learned through the consultation are as follows.

The client's parents entered into a lease agreement for an apartment located in Ansan.

After the parents passed away, the client inherited the claim for the return of the deposit on that property.

The client informed the defendant of the parents' deaths and conveyed that he planned to move out, but the defendant refused to return the deposit, citing financial difficulties.

As a result, the client decided to take legal action and entrusted the civil case to the Ansan civil litigation attorney.

Statutes Relevant to the Case, Explained by an Ansan Civil Litigation Attorney

Lease Deposit

▶ Civil Act, Article 536

When a lease terminates, the lessee, in accordance with the terms of the lease agreement, bears obligations such as returning the leased housing, and the lessor bears the obligation to return the lease deposit.

▶ Housing Lease Protection Act, Article 4 (2)

Even where a lease has terminated, the lease relationship is deemed to continue until the lessee has the deposit returned, so the lessor and the lessee retain their rights and obligations under the lease agreement as they are.

▶ Housing Lease Protection Act, Article 3-2 (1), and Civil Execution Act, Article 41

The lessee, while bearing the obligation to pay rent, holds a defense of simultaneous performance refusing to hand over the leased housing until the deposit is returned, and the lessor, while holding the right to claim rent, holds a defense of simultaneous performance refusing to pay the deposit until the leased housing is handed over. However, even if the lessee does not perform the counter-obligation of handing over the leased housing, the lessee may commence compulsory execution once an enforcement title is obtained.

2. Assistance Provided by the Ansan Civil Litigation Attorney

Through a consultation with the client, the Ansan civil attorney identified the specific facts and gathered the relevant evidence.

Assistance by the Ansan Civil Litigation Attorney 1. The Defendant's Argument

The defendant claimed an intention to return the client's jeonse deposit promptly but asserted that a serious defect had been found in the apartment.

However, the attorney emphasized that the defect alleged by the defendant arose from a problem with the building itself, and that the client was entirely without fault.

Assistance by the Ansan Civil Litigation Attorney 2. Economic Loss

Because the defendant has not returned the deposit, the client is living in a home obtained on a monthly rental basis.

The Ansan civil attorney emphasized that, although the client handed the house over to the defendant, the client is suffering financial loss because the deposit has not been returned.

3. Result of the Ansan Civil Litigation Attorney's Assistance: “Winning the Case”

Accepting the Ansan civil attorney's argument, the court rendered the judgment, “The defendant shall pay the plaintiff the full amount of the deposit, and the defendant shall bear the litigation costs.”

Satisfied with the outcome, the client visited the Ansan office and expressed gratitude to the civil attorney several times.

Do You Need Help with a Civil Lawsuit?

This is a case in which a client who had been unable to recover a deposit from the defendant prevailed in civil litigation and succeeded in obtaining a full refund with the assistance of an Ansan civil attorney.

Because recovering the full deposit safely requires a strategic response tailored to the circumstances, it is advisable to seek the help of an attorney.

Daeryun Law Firm provides client-tailored strategies, from analyzing the civil case to subsequent assistance at trial.

If you are facing difficulties with a 🔗lease dispute in a situation similar to the case above, please entrust your case to an Ansan civil attorney.

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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