CONTENTS
- 1. The Client Who Requested a Real Estate Legal Consultation

- - How the Client Came to Request a Real Estate Legal Consultation
- - Statutes Related to Jeonse Deposit Return Lawsuits Examined in the Real Estate Legal Consultation
- 2. The Assistance Provided Through the Real Estate Legal Consultation

- 3. Result of the Real Estate Legal Consultation, 'Won'

- - If You Need a Real Estate Legal Consultation for a Jeonse Deposit Return Lawsuit
1. The Client Who Requested a Real Estate Legal Consultation
The client who requested a real estate legal consultation reached out to Daeryun Law Firm, having decided to file a jeonse deposit lawsuit after failing to recover the deposit from the landlord even though the jeonse contract had expired.
How the Client Came to Request a Real Estate Legal Consultation
This is the case of a client who requested a real estate legal consultation.
The client and the defendant in this case were in a lessee and lessor relationship, having entered into a two-year lease agreement.
Four months before the lease agreement's termination date, the client expressed the intention not to renew after the contract expired.
However, the defendant said that the deposit could not be prepared in time for the contract's expiration date and proposed to postpone the date of returning the deposit slightly, in exchange for paying interest on the unreturned deposit.
The client subsequently returned the leased property, and although the defendant paid interest on the unreturned deposit for three months, the defendant did not actually pay the jeonse deposit.
Faced with a defendant who became unreachable starting three months after the contract ended, the client decided to file a lawsuit.
Accordingly, the client requested a real estate legal consultation from Daeryun Law Firm in order to recover the jeonse deposit and the interest on the unreturned deposit.
Statutes Related to Jeonse Deposit Return Lawsuits Examined in the Real Estate Legal Consultation
| ▷ Return of the Leased Housing and Return of the Lease Deposit |
| When a lease terminates, the lessee bears obligations such as the duty to return the leased housing in accordance with the terms of the lease agreement, and the lessor bears the obligation to return the lease deposit. ("Civil Act" Article 536) |
| If a lessee terminates the lease agreement midway, it is not easy to recover the lease deposit, and if the lessor does not return the deposit even though the lease has terminated, the lessee should not move out until the deposit is returned, in order to maintain opposing power and the right to priority repayment. (Supreme Court Decision of March 13, 2008, 2007Da54023) |
Even if the lease terminates, the lease relationship is deemed to continue until the lessee recovers the deposit, so the lessor and the lessee retain their rights and obligations under the lease agreement as they are. ("Housing Lease Protection Act" Article 4(2)) |
| The lessee, while bearing the obligation to pay rent, holds a defense of simultaneous performance to refuse delivery of the leased housing until the deposit is returned, and the lessor, while holding the right to claim payment of rent, holds a defense of simultaneous performance to refuse payment of the deposit until the leased housing is delivered. However, even if the lessee does not perform the counter-obligation of delivering the leased housing, the lessee may commence compulsory execution once a title of execution is obtained.("Housing Lease Protection Act" Article 3-2(1) and "Civil Execution Act" Article 41) |
2. The Assistance Provided Through the Real Estate Legal Consultation
Through the real estate legal consultation, materials that could be applied favorably to the client were gathered, and the following arguments were made.
Argument That the Defendant Has an Obligation to Return the Deposit to the Client
The lease agreement between the defendant and the client terminated, and accordingly, the defendant has an obligation to pay the client the jeonse deposit of 65 million won.
However, it was argued that the defendant was not performing this obligation.
Argument That the Defendant Unilaterally Avoided the Client's Contact
For three months after the contract ended, the defendant paid the client 300,000 won in interest on the unreturned deposit.
However, it was argued that, after that, the defendant avoided the client's contact, which led to this lawsuit being filed through the real estate legal consultation.
Argument That the Client Clearly Expressed the Intention to Refuse Renewal Starting Four Months Before the Contract Ended
Through the real estate legal consultation, text message records showing that the client had expressed the intention to refuse renewal to the lessor several months before the lease agreement terminated were secured and presented.
It was argued that, even though the client had fulfilled the obligations under the lease agreement in this case, the defendant did not return the deposit.
3. Result of the Real Estate Legal Consultation, 'Won'
As a result of the jeonse deposit lawsuit conducted through the real estate legal consultation, the court ordered, 'The defendant shall pay the plaintiff 65,000,000 won and interest on the unreturned deposit.'
Through the real estate legal consultation, the client was able to recover the jeonse deposit as well as the interest on the unreturned deposit.
If You Need a Real Estate Legal Consultation for a Jeonse Deposit Return Lawsuit
The above case was that of a client who succeeded in a jeonse deposit return claim through a real estate legal consultation.
If you need a jeonse deposit lawsuit such as the one above, we encourage you to reach out to Daeryun Law Firm's real estate legal consultation.
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