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Deals & Cases

Lease Deposit

Changwon Real Estate Attorney Assistance | Lease Deposit Lawsuit Won, Claim Granted in Full

The Client, who was unable to recover the lease deposit, sought a Changwon real estate attorney at the Changwon office to recover it through litigation.

CONTENTS
  • 1. How the Client Came to Seek a Changwon Real Estate Attorney
    • - The Client Who Requested a Real Estate Attorney's Assistance
    • - Lease Disputes Explained by a Real Estate Attorney
  • 2. Changwon Real Estate Attorney's Assistance
    • - Changwon Attorney's Argument ① | Notice of Contract Termination
    • - Changwon Attorney's Argument ② | Delivery of the Property
  • 3. Changwon Real Estate Attorney's Result: "Case Won"

1. How the Client Came to Seek a Changwon Real Estate Attorney

After consulting with a Changwon real estate attorney, the Client visited the Changwon office to file a lawsuit against a landlord who would not return the deposit even though the residential lease had ended.

The Client Who Requested a Real Estate Attorney's Assistance

This is the account of the Client who requested a real estate attorney's assistance.

About two years ago, the Client entered into a lease with a deposit of approximately 80 million won.

When the Client's child was born, the Client decided to move, and from six months before the lease ended, the Client informed the landlord of the intention to terminate the contract and vacate.

However, the landlord gradually began to avoid the Client's calls, and even after the lease ended, the landlord did not return the deposit, citing a lack of available funds.

In the end, in order to recover the deposit from the landlord through litigation, the Client requested the assistance of a real estate attorney at the Changwon branch office.

Lease Disputes Explained by a Real Estate Attorney

🔗Lease Disputes

A legal dispute arising between a lessor and a lessee who have entered into a lease, as in the Client's case, is called a lease dispute.

Problems with the return of a lease deposit are the most common, and it is important to review the contract terms closely.

The following are the statutes related to the return of a lease deposit.

▶ Housing Lease Protection Act, Article 3-2 (Recovery of the Deposit)
If a lessee files for an auction of the leased house pursuant to a final judgment in a deposit return lawsuit or another comparable title of execution, the performance of the counter-obligation or the tender of such performance shall not be a requirement for commencing execution, notwithstanding Article 41 of the Civil Execution Act concerning requirements for commencing execution.

▶ Housing Lease Protection Act, Article 3-3 (Order to Register a Lease Right)
If the deposit is not returned after the lease ends, the lessee may apply for an order to register the lease right to the district court, district court branch, or city or county court having jurisdiction over the location of the leased house.

Beyond these, the reasons lease disputes arise are varied, as follows.

▶ Failure to return the lease deposit or jeonse deposit
▶ Excessive claims for restoration of the property to its original state
▶ Excessive demands to increase rent
▶ The lessor refusing to renew the contract without justifiable reason

2. Changwon Real Estate Attorney's Assistance

After consulting with the Client, the Changwon real estate attorney reviewed the case in collaboration with attorneys experienced in this area.

The attorney then presented the following argument, aiming for the return of the deposit in full.

Changwon Attorney's Argument ① | Notice of Contract Termination

From six months before the lease term expired, the Client notified the defendant by phone of the intention to terminate the lease.

When the defendant began to avoid contact, the Client again gave notice of the intention to terminate by text message, and after receiving an acknowledgment, the Client planned to move.

The real estate attorney team submitted the text messages and call records as evidence, proving that notice of contract termination had been given in advance.

Changwon Attorney's Argument ② | Delivery of the Property

After the property lease ended, the Client promptly packed up and relocated, settled the maintenance fees, and delivered the property.

However, even though the defendant had received delivery of the property, the defendant did not return the lease deposit.

The attorney therefore emphasized that the defendant had an obligation to return the deposit in full under the contract.

3. Changwon Real Estate Attorney's Result: "Case Won"

The court, accepting the Changwon real estate attorney's argument, granted the claim in full and ordered the defendant to bear even the litigation costs.

If You Are Unable to Recover Your Deposit

If you are facing difficulty because you cannot recover your deposit, recovering it through litigation is the most reliable method, and proceeding with the lawsuit by gathering favorable evidence with an attorney's assistance can be helpful.

Daeryun Law Firm has handled numerous 🔗lease deposit cases, and attorneys with extensive experience and know-how form a TF for the client and provide assistance with an optimal strategy.

If you need legal assistance in a situation like the case above, you may entrust your case to a real estate attorney at the Changwon branch office at any time.

창원부동산전문변호사

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.

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