[Jeonse Deposit Return Suit Success Case] A Jeonse Deposit Return Suit Was Won Against a Landlord Who Withheld the Jeonse Deposit Despite Delivery of the Building

The client in this case entered into a lease agreement with the defendant, the landlord, and agreed to rent the home for 2 years.

In accordance with this, the client paid the deposit and used the home for 2 years.

Four months before the lease term ended, the client conveyed to the building manager the intention to move out after the contract expired.

The defendant stated that the deposit could not be prepared in time for the expiration date, and proposed to adjust the date for the return of the deposit.

The client subsequently returned the leased property, but the defendant has still not paid the deposit.

The client therefore decided to pursue a jeonse deposit return suit together with Daeryun Law Firm.

The attorney at Daeryun Law Firm decided to review the lease agreement in order to win the jeonse deposit return suit.

• Return of the Lease Deposit (Housing) for Winning the Jeonse Deposit Return Suit

• Housing Lease Protection Act, Article 3-2 (Recovery of the Deposit)

① Where a tenant applies for an auction with respect to the leased housing based on a final judgment in a deposit return suit or another title of execution equivalent thereto, the performance of a counter-obligation or the tender of such performance shall not be required as a condition for the commencement of execution, notwithstanding Article 41 of the 「Civil Execution Act.」

• Housing Lease Protection Act, Article 3-3 (Order for Registration of the Right of Lease)

① Where the deposit has not been returned after the lease ends, the tenant may apply for an order for registration of the right of lease to the district court, district court branch, or city or county court that has jurisdiction over the location of the leased housing.

• Preparation Before Securing a Title of Execution

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

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

In the jeonse deposit return suit, the attorney team at Daeryun Law Firm emphasized that the plaintiff had conveyed to the building manager the intention to move out after the contract expired, four months before the lease ended, and had made the same statement of intent thereafter.

In the jeonse deposit return suit, the team emphasized that, because the plaintiff had clearly notified the defendant of the intention to refuse renewal, the lease had been lawfully terminated.

The team emphasized that the defendants had not returned the deposit even after the lease term for this property had expired.

Accepting the position of Daeryun Law Firm, the court, as the result of the jeonse deposit return suit, ordered that ‘the defendant shall pay the plaintiff 80 million won and delay damages.’

The court also ordered that the litigation costs be paid by the defendant.

The client was able to recover the deposit through the jeonse deposit return suit. The client expressed gratitude to the attorney team at Daeryun Law Firm, which assisted with the jeonse deposit return suit to the fullest.

A jeonse deposit return suit refers to filing a lawsuit against a landlord for the purpose of recovering the jeonse deposit when the landlord does not return it.

According to the 2023 Judicial Yearbook, there were 3,702 jeonse deposit return suits as of 2022, a slight increase from 3,418 in 2021.

When pursuing such a jeonse deposit return suit, it is advisable to seek the help of a specialized attorney.

If you need a jeonse deposit return suit, as described above, you may wish to entrust your case to Daeryun Law Firm.