[Seongnam Real Estate Attorney Favorable Judgment] Client Recovers the Full Deposit and Wins With the Help of the Seongnam Real Estate Attorney

The client who came to the Seongnam real estate attorney entered into a lease agreement with the landlord and paid the full deposit.

The client, who had been living in the apartment, informed the landlord of the intention to terminate the contract before the end of the contract period.

The landlord replied that the deposit would be returned, but as the expiration date approached, the landlord avoided the client's contact, making excuses about not having the money to return it.

The client therefore requested the assistance of Daeryun Law Firm's Seongnam real estate attorney in order to recover the full deposit from the landlord.

■ Statutes related to the case, as explained by the Seongnam real estate attorney

■ Return of the Leased House and Return of the Lease Deposit

▶ Return of the lease deposit (housing) for prevailing in a jeonse deposit lawsuit

When a lease ends, such as upon the expiration of the lease term, the landlord has a duty to return the deposit to the tenant. - Supreme Court Decision 87Da-ka1315, January 19, 1988

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

(1) Where a tenant applies for an auction with respect to the leased house pursuant to a final judgment in a deposit-return lawsuit or another title of execution equivalent thereto, the performance of a counter-obligation or the provision of such performance shall not be a requirement for the commencement of execution, notwithstanding Article 41 of the 「Civil Execution Act」 concerning the requirements for commencing execution.

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

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

▶ Preparation before securing a title of execution

1. Sending a certified mail (content-certified mail) : Urging the return of the deposit

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

Under the lease agreement, the landlord must return the deposit to the client, the tenant, upon the expiration of the contract.

The client had already handed the building back to the landlord.

The Seongnam real estate attorney argued that the landlord was failing to perform the duty to return the deposit.

The Seongnam real estate attorney argued that, even though the lease had ended, the landlord was making excuses in order to avoid returning the deposit.

The landlord was avoiding the request to return the deposit, telling the client, ‘I cannot return it because I have no money.’

The client had informed the landlord, even at the time of entering into the lease agreement, that there was no intention to renew the contract, and the client had also communicated the intention to terminate in advance, 3 months before the end of the contract.

The Seongnam real estate attorney emphasized that the client had expressed the intention to terminate the contract to the landlord on several occasions.

Through the assistance of the Seongnam real estate attorney, the client prevailed in the claim for the return of the deposit against the landlord and recovered the full deposit.

At Daeryun Law Firm, real estate attorneys with specialized knowledge of deposit-return litigation assist clients.

If you are facing concerns similar to those of the client above, a Daeryun Law Firm Seongnam real estate attorney is available for consultation.