CONTENTS
- 1. Gangneung Attorney, the Course of the Case
- - The Client's Situation
- 2. Gangneung Attorney, Information Related to the Case
- 3. Gangneung Attorney, Assistance to the Client
- - Gangneung Attorney's Argument, Lawful Cancellation of the Contract
- - Gangneung Attorney's Argument, Collateral Harm
- 4. Gangneung Attorney, Result of the Assistance
1. Gangneung Attorney, the Course of the Case
The client was in a difficult situation: when the client could not move into the leased home on the move-in date for the apartment under the lease agreement, the client notified the landlord of an intent to cancel the contract, but the landlord did not return the deposit.
The client then decided to recover the deposit through litigation and came to the Gangneung attorney.
The Client's Situation
The client explained that, after finding a new apartment to move into and entering into a lease agreement, they set the move-in date a few days after the balance payment date at the landlord's request.
The client explained that, although they had paid the entire balance before move-in as agreed, they could not move in on the move-in date because the former tenant's belongings and other items had not been removed.
The client explained that, although they clearly expressed the intent to cancel the contract to the landlord and sent a certified mail notice and other documents, the landlord neither returned the deposit nor gave any particular response.
Unable to move in and having almost no means to protect the deposit, such as a move-in report, the client felt anxious and ultimately decided to resolve the matter through litigation, coming to the Gangneung attorney for assistance.
2. Gangneung Attorney, Information Related to the Case
If the other party has intentionally used an improper method to take another person's property, the injured party can recover the loss by claiming the return of unjust enrichment and proving the intent.
As in the client's case, if the landlord does not return the deposit even though the requirements for canceling the lease agreement were met and a lawful cancellation was requested, this can also be a subject of a lawsuit for the return of unjust enrichment.
In addition, an improper method does not necessarily mean only an unlawful act is treated as improper, so it is important to establish the impropriety through careful supporting evidence.
In particular, in a lawsuit for the return of unjust enrichment, it is most important to calculate the amount of unjust enrichment precisely and to prepare persuasive supporting materials for it.
Care is needed, because if an excessive amount of unjust enrichment is calculated and claimed, or if the impropriety itself is not established in detail, one may unfairly suffer a loss and fail to recover the amount of unjust enrichment.
Because a claim for the return of unjust enrichment requires careful legal review, extensive evidence gathering, and a well-founded calculation of the amount of unjust enrichment, the assistance of an attorney experienced in this area is important.
🔗If you would like to learn more about a lawsuit for the return of unjust enrichment
3. Gangneung Attorney, Assistance to the Client
The Gangneung attorney prepared detailed grounds and supporting evidence for the argument that the client had an amount of unjust enrichment that could be claimed against the landlord, and argued as follows.
Gangneung Attorney's Argument, Lawful Cancellation of the Contract
When the client recognized that the client could not move in even on the move-in date, the client clearly conveyed to the landlord the position that the contract would be canceled if move-in was impossible, and messages and other records containing that content remained.
The Gangneung attorney argued that, because the client had canceled the lease agreement on lawful grounds, the entire deposit should be returned.
Gangneung Attorney's Argument, Collateral Harm
The client, who could not move in on the agreed move-in date, incurred collateral harm, such as paying fees to change the delivery dates of furniture and appliances that had been booked for the moving date.
According to the lease agreement, there was a provision that damages would be paid if the lease did not proceed as agreed, so the Gangneung attorney argued on this basis that the landlord must also pay damages.
4. Gangneung Attorney, Result of the Assistance
The court, which accepted the Gangneung attorney's argument, issued a judgment ordering the defendant to return the entire deposit to the plaintiff and to also pay damages.
In this way, if you have canceled a lease agreement but have not recovered the deposit, you can resolve the matter civilly through a lawsuit for the return of unjust enrichment.
In addition, if the other party caused you a loss beyond the unjustly obtained benefit, you can also bring a 🔗damages lawsuit together, so it is worth keeping this in mind.
Because a civil lawsuit relating to a claim for the return of unjust enrichment requires careful preparation of legal arguments through the evidence that must be secured, the assistance of a civil attorney experienced in related cases is important.
At Daeryun Law Firm, attorneys with experience in civil litigation ranging from small to large amounts respond promptly through 🔗attorney referral.
If you are facing a related matter, you may seek a consultation through a 🔗legal consultation booking.
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.
