Suwon Attorney | Suwon Real Estate Attorney, Recovering the Full Deposit by Filing a Deposit Return Lawsuit

Two years earlier, the client had entered into a jeonse contract with the defendants and paid a deposit of 200 million won.

At the time, the contract period was set at two years, and the client planned to recover the deposit and move to a new residence once the lease period ended.

Later, as the contract expiration date approached, the client notified the landlord of the termination of the contract and requested the return of the deposit in order to prepare to move.

However, the landlord proposed extending the contract and began to delay returning the deposit, and as a result the client's planned moving schedule was disrupted.

Because the client could only find a new home after recovering the deposit, the matter had to be resolved as soon as possible.

Citing his financial circumstances, the landlord continued to delay returning the deposit and tried to induce an extension of the contract, and the client was left with no choice but to consider legal action.

The landlord tried to delay returning the deposit, citing the difficulty of finding a new tenant due to poor real estate market conditions and his own financial circumstances.

In particular, the landlord argued that returning the deposit was difficult at present because a provisional attachment had been placed on the property, making it hard to find a subsequent tenant.

However, this was no more than the landlord's own circumstances and could not constitute a legally justified ground for refusing the return.

In the end, the client prepared a deposit return lawsuit with the assistance of a Suwon real estate attorney.

A deposit return lawsuit is a lawsuit in which a tenant, who has not recovered the deposit from the landlord even after the lease has ended, seeks the return of the deposit through legal proceedings.

Generally, a tenant pays a certain deposit when entering into a monthly rent or jeonse contract and has the right to recover the deposit after the contract term expires.

Housing Lease Protection Act, Article 3-2 (Recovery of Deposit): This Act provides that a tenant may recover the deposit through a deposit return claim lawsuit. If the tenant has secured opposing power and a fixed date, the tenant may be repaid the deposit in priority over junior right holders.

Article 3-2, Paragraph 1: A tenant may apply for an auction on the basis of a final judgment in a deposit return claim lawsuit or an equivalent title of execution, and in this case the requirement for commencing execution does not require the performance of a counter-obligation.

Article 3-2, Paragraph 2: A tenant who has secured opposing power and a fixed date is granted the right to receive the deposit in priority at an auction conducted under the Civil Execution Act.

The Suwon attorney fully explained to the client the landlord's legal obligation to return the deposit after the lease ends.

The attorney emphasized that, while the deposit cannot be recovered if the lease has not ended, it must be returned once the lease has ended.

With the client facing difficulty reaching an agreement with the landlord, the Suwon real estate attorney helped the client apply for a lease registration order to secure a favorable legal position for recovering the deposit.

Through this, the client was able to secure a priority right of reimbursement and strengthen the legal response to the landlord's unjustified refusal to return the deposit.

The Suwon attorney first attempted to reach a settlement with the landlord through civil conciliation.

However, no settlement was reached, and the client's rights were ultimately asserted through legal proceedings.