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Return of deposit

Jeonse Fraud Report Assistance Case | Full Return for a Jeonse Deposit Recovery Litigation Client

The client, who resolved to report jeonse fraud, faced the risk of being unable to recover the jeonse deposit due to jeonse fraud, and came to a real estate attorney who had handled numerous jeonse fraud cases and requested assistance.

CONTENTS
  • 1. The Client Who Decided to File a Jeonse Fraud Report
    • - How the Client Came to Be Unable to Recover the Jeonse Deposit
  • 2. Jeonse Fraud Report: What Is the Case-Related Information?
    • - Jeonse Deposit: How Can It Be Protected?
    • - What Is Housing Lease Registration?
  • 3. Assistance Provided for a Jeonse Fraud Report
    • - Real Estate Lawyer Pleading (1): Notice of Contract Termination
    • - Real Estate Lawyer Pleading (2): Notice of Default
    • - Real Estate Lawyer Pleading (3): The Landlord's Failure to Perform Its Obligation
  • 4. Result of the Jeonse Fraud Report Assistance: “Full Return”
    • - How to Recover a Jeonse Deposit

1. The Client Who Decided to File a Jeonse Fraud Report

Daeryun jeonse fraud report deposit return civil lawsuit assistance case

The client who decided to report jeonse fraud was nearly unable to recover the jeonse deposit due to jeonse fraud, but was able to recover the full amount of the jeonse deposit through the assistance of a real estate attorney who had handled numerous jeonse fraud cases.

How the Client Came to Be Unable to Recover the Jeonse Deposit

The client who decided to report jeonse fraud had concluded a lease contract for a house 2 years earlier.

As the contract expiration date approached, the client, who learned that a neighboring resident had registered a lease right, worried that the client might not be able to recover the jeonse deposit.

Accordingly, the client notified the lessor of the contract expiration, but the lessor only repeated that he had no money.

In the end, the client faced the risk of not being able to recover the jeonse deposit.

The client, who decided to report jeonse fraud, came to a real estate attorney and requested assistance in order to recover the deposit.

2. Jeonse Fraud Report: What Is the Case-Related Information?

Daeryun jeonse fraud report jeonse deposit return lawsuit case study

As in the case of the client who decided to report jeonse fraud, a jeonse deposit can be protected through various methods before becoming involved in jeonse fraud.

Jeonse Deposit: How Can It Be Protected?

In order to protect a jeonse deposit, you must acquire opposing power and the right to preferential reimbursement under Article 3 of the Housing Lease Protection Act.

To acquire opposing power and the right to preferential reimbursement, the following conditions are required.

① Residing in the relevant housing

② Completing resident registration (filing a move-in report)

③ Obtaining a fixed date

Once these conditions are completed, the effect takes place from the following day.

What Is Housing Lease Registration?

If such an opposing power and priority right of reimbursement were not acquired, an application for housing lease registration may be made.

The effects of housing lease registration are as follows.

(1) If an opposing power and priority right of reimbursement had already been acquired before the lease registration, the rights are maintained.

(2) Even if the requirements for opposing power are lost after the lease registration, the rights already acquired do not disappear.

If a housing unit for which lease registration has been completed is subsequently leased, priority reimbursement of a small-sum deposit cannot be received.

3. Assistance Provided for a Jeonse Fraud Report

For the client who decided to report jeonse fraud, the real estate attorney established a strategy to assist the client by reviewing relevant precedents and statutes.

In addition, by forming a task force with attorneys who have handled numerous jeonse fraud cases, the case was closely analyzed from multiple angles.

Real Estate Lawyer Pleading (1): Notice of Contract Termination

The real estate attorney argued that the client had clearly given notice of the intention to terminate the contract.

Upon learning of the neighbor's registration of the right of lease, the client sent the lessor a content-certified mail giving notice of the termination of the contract.

Based on this, it was possible to prove that the client had clearly expressed the intention to terminate the contract.

Real Estate Lawyer Pleading (2): Notice of Default

The real estate attorney argued that there was a legitimate reason to claim the deposit in advance, before the expiration of the contract.

The attorney submitted, as evidence, the lessor's reply stating that the deposit could not be returned even after the expiration of the contract.

Accordingly, it was possible to emphasize that the lawsuit was intended to promptly exercise rights after the expiration date of the contract.

Real Estate Lawyer Pleading (3): The Landlord's Failure to Perform Its Obligation

The real estate attorney argued that the lessors were not fulfilling their obligations.

Citing relevant precedents, the attorney emphasized that the lessor has an obligation to return the deposit.

Supreme Court, September 28, 1977, 77Da1241

If the contract term has expired, the lessee has an obligation to return the leased building, and the lessor has an obligation to return the deposit, and these obligations must be performed simultaneously.

Through this, it was possible to assert that the return of the deposit is the lessor's obligation and that it must be performed.

4. Result of the Jeonse Fraud Report Assistance: “Full Return”

As a result of a real estate attorney’s assistance to the client, who had decided to report jeonse fraud, the court rendered a judgment ordering the landlord to return the full deposit.

The client expressed gratitude to the real estate attorney, stating that the decision to report the jeonse fraud had made it possible to recover the deposit.

How to Recover a Jeonse Deposit

This was the account of a client who, unable to recover the jeonse deposit, resolved to report jeonse fraud and was able to succeed in recovering the full amount of the deposit with the assistance of a real estate attorney.

Various legal means are available for claiming a deposit, but the procedures and required documents can be demanding, so it may be difficult to prepare alone.

Accordingly, to respond to a lawsuit, it is important to prepare after receiving legal advice from a specialized attorney.

At Daeryun Law Firm, from the consultation stage, we clearly identify the client's case and form the optimal attorneys for each case to work toward the prompt resolution of the case.

If you have been unable to recover your deposit, before reporting jeonse fraud, please request assistance from a real estate attorney through a 🔗legal consultation appointment.

전세사기신고

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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