CONTENTS
- 1. A Client Who Decided to File a Jeonse Deposit Return Lawsuit
- - How the Client Failed to Recover the Jeonse Deposit
- 2. Jeonse Deposit Return Lawsuit: What Is the Information Related to the Case?
- - What Are the Precedents Related to the Return of a Jeonse Deposit?
- - How Can a Jeonse Deposit Be Protected?
- 3. Three Forms of Assistance for a Jeonse Deposit Return Lawsuit
- - Real Estate Attorney's Argument | 1. Clear Intent to Vacate
- - Real Estate Attorney's Argument | 2. Obligation to Return the Deposit
- - Real Estate Attorney's Argument | 3. The Client's Damages
- 4. Result of the Jeonse Deposit Return Lawsuit Assistance: “Full Refund”
- - How to Obtain a Return of the Jeonse Deposit
1. A Client Who Decided to File a Jeonse Deposit Return Lawsuit
The client who decided to file a jeonse deposit return lawsuit had not been refunded the deposit even though the contract had expired, but through the help of an attorney with extensive experience in real estate litigation was able to recover the full amount of the deposit.
How the Client Failed to Recover the Jeonse Deposit
The client who decided to pursue a jeonse deposit return lawsuit had signed a lease two years earlier on an officetel near his workplace.
However, two years later, having to transfer to a job in another region, he had to prepare to move.
Accordingly, three months before the expiration of the lease, the client called the lessor to convey his intention to 🔗terminate the contract.
However, even as the date approached, the lessor kept delaying the return of the jeonse deposit on the ground that he had no money.
Accordingly, the client, having decided to pursue a jeonse deposit return lawsuit, requested assistance from a real estate attorney.
2. Jeonse Deposit Return Lawsuit: What Is the Information Related to the Case?
As in the account of the client who resolved to file a jeonse deposit return lawsuit, cases of harm in which the jeonse deposit was paid but not returned even after the contract period sometimes occur.
However, such return of the deposit is provided for as an obligation, and the relevant case law is as follows.
What Are the Precedents Related to the Return of a Jeonse Deposit?
Regarding the return of a jeonse deposit, the Supreme Court ruled as follows.
If the lease contract term has expired, the lessee has the obligation to return the leased building, the lessor has the obligation to return the deposit excluding the cost of damages incurred during the lease, and these obligations must be performed concurrently.
How Can a Jeonse Deposit Be Protected?
A jeonse deposit may be protected under the Housing Lease Protection Act.
However, in order for the deposit to be protected, it is necessary to acquire opposing power as follows.
② Resident registration and a move-in report
If these measures are taken, opposing power arises.
It takes effect from the day after the delivery of the house and the resident registration are completed.
3. Three Forms of Assistance for a Jeonse Deposit Return Lawsuit
To assist with the jeonse deposit return lawsuit, the real estate attorney analyzed precedents and laws similar to the client's case.
The attorney also formed a task force with attorneys who have handled numerous real estate lawsuits and established a strategy to assist the client.
Real Estate Attorney's Argument | 1. Clear Intent to Vacate
The client conveyed his intention to vacate directly by phone to the landlord three months before the expiration of the contract.
The landlord likewise was aware of the client's intention to vacate during that call.
The client emphasized that, despite having had sufficient time after becoming aware of the termination of the contract, the landlord had failed to prepare the deposit.
Real Estate Attorney's Argument | 2. Obligation to Return the Deposit
If the contract has terminated, the lessor has an obligation to return the deposit.
However, the lessor kept putting off payment on the grounds that he had no money.
It was emphasized that the lessor was failing to perform his obligation and that this was conduct deceiving the client.
Real Estate Attorney's Argument | 3. The Client's Damages
The client had a move scheduled but canceled the move because she did not receive the deposit.
In addition, out of anxiety that she might not be able to receive the deposit, she was unable to leave the house in question.
Accordingly, she emphasized the point that additional harm to the client was occurring because the lease deposit was not being returned.
4. Result of the Jeonse Deposit Return Lawsuit Assistance: “Full Refund”
As a result of assisting with the jeonse deposit return lawsuit, the court issued a judgment ordering the landlord to return the full jeonse deposit and to bear the litigation costs as well.
The client, who had suffered emotionally from not receiving the jeonse deposit, conveyed deep gratitude to the real estate attorney.
How to Obtain a Return of the Jeonse Deposit
This was the story of a client who nearly failed to recover a large deposit but was able to recover the full jeonse deposit through a jeonse deposit return lawsuit.
To recover a jeonse deposit, various legal measures can be used, but the procedures are complex and there are many documents to prepare, which can be difficult.
Therefore, it is important to respond based on the legal advice of a specialist attorney.
At Daeryun LLC, attorneys who have handled numerous real estate lawsuits form a task force and assist clients with systematic and professional support.
If, like this client, you are considering a jeonse deposit return lawsuit, please request the assistance of a real estate attorney through the 🔗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.
