[Real Estate Legal Consultation Favorable Judgment Case] Full Return of a Jeonse Deposit in a Jeonse Deposit Return Lawsuit Through a Real Estate Legal Consultation

The client who requested the real estate legal consultation had concluded a jeonse contract with the defendant, who was the lessor.

At the same time as concluding the jeonse contract with the defendant, the client paid the entire jeonse deposit and received delivery of the property.

Thereafter, the client, who had been renewing the lease by implication, expressed an intention not to renew as the expiration of the jeonse contract approached.

However, the defendant, who was the lessor, did not return the deposit and avoided the client's contact.

The client therefore sought out a real estate legal consultation at Daeryun Law Firm in order to recover the entire jeonse deposit through a jeonse deposit return lawsuit.

■ Statutes Relevant to the Case, Explained in the Real Estate Legal Consultation

▶ Return of a Lease Deposit (Housing) for a Favorable Judgment in a Jeonse Deposit Lawsuit

When a lease is terminated due to the expiration of the lease term and the like, the lessor has an obligation to return the deposit to the lessee. - Supreme Court Decision 87Daka1315, January 19, 1988

▶ Housing Lease Protection Act Article 3-2 (Recovery of the Deposit)

(1) Where a lessee applies for an auction of the leased housing pursuant to a final judgment in a deposit return lawsuit or other comparable title of execution, the performance or tender of performance of the counter-obligation shall not be a requirement for commencement of execution, notwithstanding Article 41 of the Civil Execution Act concerning the requirements for commencement of execution.

▶ Housing Lease Protection Act Article 3-3 (Order to Register the Lease Right)

(1) Where the deposit is not returned after the lease ends, the lessee may apply for an order to register the lease right to the district court, the district court branch, or the city or county court having jurisdiction over the location of the leased housing.

▶ Preparation Before Securing a Title of Execution

1. Sending certified mail (content-certified mail): To urge the return of the deposit

2. Application for provisional attachment: For the purpose of preserving compulsory execution against the lessor's movable or immovable property

The client who had the real estate legal consultation gave the lessor advance notice that the client had no intention of renewing the jeonse contract.

As the expiration of the jeonse contract approached, the client informed the lessor four months in advance that the client had no intention whatsoever of renewing.

The attorney at Daeryun argued that, even though the client who requested the real estate legal consultation had clearly expressed an intention to refuse renewal to the lessor, the lessor had not returned the jeonse deposit.

Looking at the law through the real estate legal consultation, when the contract expires, the lessor has an obligation to return the deposit to the lessee.

However, the lessor was not returning the lessee's deposit.

The attorney at Daeryun therefore argued that the lessor was failing to fulfill the obligation to return the deposit to the client.

Through the real estate legal consultation, the attorney at Daeryun learned that the lessor had intentionally avoided the client's contact.

When the client requested the return of the deposit upon the expiration of the jeonse contract term, the lessor did not answer the client's contact.

Based on the content of the real estate legal consultation, the attorney at Daeryun argued that the lessor had intentionally avoided contact in order not to return the deposit.

The client who sought out an attorney at Daeryun for a real estate legal consultation was preparing a deposit return lawsuit against the lessor.

The attorney at Daeryun therefore assembled a working team with extensive experience in real estate litigation and assisted with the overall procedure of the case.

With Daeryun's assistance through the real estate legal consultation, the client won the deposit return lawsuit and was able to recover the entire jeonse deposit.

If you, like the client above, need a jeonse deposit return lawsuit, you may request a real estate legal consultation from Daeryun Law Firm at any time.