Legal Intellectual
Daeryun specialist lawyers will answer your questions.
Q
If I file a lawsuit for the return of a deposit, can I recover all of it?
Views8,688
I run a small self-employed business. However, I intend to move my shop in order to change my line of business. Although the lease term has expired, I am unable to get my deposit back on the ground that a new tenant has not been found. If I file a lawsuit for the return of a deposit, can I recover all of it? What should I do to recover the deposit?
lawsuit for the return of a deposit
Answer to Related Inquiry
Author: 고병준
Hello. We will provide guidance regarding a lawsuit for the return of a deposit.
Although we cannot know your situation in detail, if you have not received your deposit even though the lease contract has expired, in most cases you can recover it through a lawsuit for the return of a deposit.
However, depending on whether the tenant has secured a preferential right to reimbursement, the details may vary slightly.
A preferential right to reimbursement arises when the tenant meets several requirements, and it is the right to be reimbursed the deposit in preference to the lessor's creditors.
A preferential right to reimbursement is acquired when, after taking delivery of the building, the tenant applies for business registration to obtain opposing power and obtains a fixed date on the lease contract.
However, even if you hold a preferential right to reimbursement, when you file a lawsuit for the return of a deposit, detailed pleadings and evidence operate in a complex manner, so an appropriate response is important.
In particular, because resolution through a lawsuit takes cost and time, it is important to judge well depending on the situation.
If you would like detailed guidance regarding a lawsuit for the return of a deposit, we recommend that you seek the advice of an attorney.
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View moreKey Case Studies
View more- Winning the case (favorable judgment)
Full Return of the Deposit for a Client in a Jeonse Fraud Case

- Favorable Judgment
Full Return of a Lease Deposit Achieved With the Assistance of a Jeonju Real Estate Attorney

- Winning the case (favorable judgment)
Full Return of the Lease Deposit Achieved Through the Assistance of an Incheon Real Estate Specialist Attorney

- Winning the case (favorable judgment)
Full Return of the Deposit in a Claim for Return of the Deposit With the Help of a Jeonju Real Estate Attorney

Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreGuide to the Procedure for a Jeonse Funds Return Lawsuit, Securing Evidence, Points to Note, and How to Pursue Compulsory Execution

Standards and the Punishment Provisions for Violations of the Fair Transactions in Subcontracting Act

What Is the Procedure for Applying for an Order to Register a Lease Right When the Deposit Is Not Returned?

Procedure for Demolition of an Illegal Building: How to Respond if There Is an Illegal Building on Your Land

Guide to the Procedure for Applying for a Provisional Injunction Prohibiting Disposal of Real Estate and Methods for Assessing the Requirements

Do you have more questions?














