CONTENTS
- 1. How the Client Came to Seek a Uijeongbu Real Estate Attorney
- - The Client Who Requested the Assistance of a Uijeongbu Real Estate Attorney
- - Statutes Related to the Case, Explained by a Uijeongbu Real Estate Attorney
- 2. The Assistance Provided by the Uijeongbu Real Estate Attorney
- - Assistance ① of the Uijeongbu Real Estate Attorney | Submission of the Certified Content Mail and Conversation Records
- - Assistance ② of the Uijeongbu Real Estate Attorney | Emphasizing the Failure to Perform Contractual Obligations
- 3. The Result of the Uijeongbu Real Estate Attorney's Assistance, “Winning the Case”
1. How the Client Came to Seek a Uijeongbu Real Estate Attorney
The client had not been able to recover the deposit even though the real estate contract had ended, and sought to resolve the matter through a lawsuit.
The Client Who Requested the Assistance of a Uijeongbu Real Estate Attorney
This is the account of the client who requested assistance.
Because of a job change, the client planned to move out of the jeonse home where the client had lived for several years.
The client notified the landlord of this, and the landlord agreed.
As the end date of the contract approached, the client, who was busy preparing to move, was told by the landlord that the deposit could not be returned until a new tenant moved in.
Because the client had made the intention to end the contract clear several times from a few months before the contract was to end, the landlord's statement was understandably bewildering.
When the dispute with the landlord did not end, the client decided to file a lawsuit and sought the assistance of a Uijeongbu real estate attorney.
Statutes Related to the Case, Explained by a Uijeongbu Real Estate Attorney
If a dispute arises between a lessor and a lessee, as in this case, it may be resolved through a lawsuit.
The client sought to file a lawsuit against the lessor who would not return the deposit.
The statutes related to leases are as follows.
If a lessee applies for an auction of the leased house pursuant to a final judgment in a deposit return lawsuit or any other equivalent title of execution, the performance of the counter-obligation or the offer of such performance shall not be required as a requirement for commencing execution, notwithstanding Article 41 of the Civil Execution Act concerning the requirements for commencing execution.
▶ Housing Lease Protection Act Article 3-3 (Order to Register a Lease)
If the deposit has not been returned after the lease has ended, the lessee may apply for an order to register the lease to the district court, the branch of the district court, or the city or county court having jurisdiction over the location of the leased house.
In addition, a lawsuit may be pursued where there is fault on the part of the lessor, such as the following.
▶ Excessive demands for restoration of the property to its original state
▶ Excessive demands for an increase in rent
▶ The lessor refusing to renew the contract without a justifiable reason
2. The Assistance Provided by the Uijeongbu Real Estate Attorney
The Uijeongbu real estate attorney reviewed the client's case in cooperation with attorneys experienced in real estate matters.
The attorney then earnestly requested that all of the claims be granted through the following assistance.
Assistance ① of the Uijeongbu Real Estate Attorney | Submission of the Certified Content Mail and Conversation Records
The real estate attorney team submitted, as evidence, the certified content mail the client had sent for the purpose of claiming the return of the deposit, along with the records of the conversations with the defendant.
With this evidence, the client demonstrated that the client had clearly stated the intention to end the contract several times in advance.
The attorney therefore argued that the defendant had an obligation to return the full amount of the deposit to the client.
Assistance ② of the Uijeongbu Real Estate Attorney | Emphasizing the Failure to Perform Contractual Obligations
The contract drawn up by the client and the defendant provided that the full amount of the deposit was to be returned upon delivery of the real estate.
In accordance with the contract, the client moved out of the property on the contract end date and completed delivery by giving the defendant the door code.
The attorney emphasized that the defendant, despite having received delivery of the property, was not honoring the terms of the contract and was not returning the deposit.
3. The Result of the Uijeongbu Real Estate Attorney's Assistance, “Winning the Case”
The court, accepting the argument of the Uijeongbu real estate attorney, ordered that the defendant return the full amount of the deposit to the plaintiff and also bear the litigation costs.
If You Have Decided to Pursue a Lease Lawsuit
The case above was an instance in which the client was able to recover the full amount of the deposit with the assistance of a Uijeongbu real estate attorney.
At Daeryun Law Firm, real estate attorneys registered with the Korean Bar Association take on cases and assist clients after establishing a tailored strategy based on data from tens of thousands of cases.
If you have decided to pursue a lease lawsuit as in the case above and need assistance, please feel free to entrust your case to a Uijeongbu real estate attorney at Daeryun Law Firm at any time.
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.
