Ilsan Civil Matters Attorney Case | A Deposit Return Lawsuit Won With the Assistance of an Ilsan Attorney Specializing in Civil Matters

The client who came to an Ilsan attorney specializing in civil matters entered into a lease with the landlord, the defendant, and paid the full deposit.

As the expiration date approached and the client needed to move, the client notified the defendant in advance of the refusal to renew the contract.

The defendant agreed and stated that the client could have the lease deposit returned on the expiration date.

However, as the expiration date approached, the defendant changed position and asked to extend the lease term.

Having already contracted to move into a new home, the client requested assistance from the Ilsan attorney specializing in civil matters at Daeryun Law Firm in order to bring a deposit return lawsuit against the defendant.

■ Statutes relating to the case, explained by an Ilsan attorney specializing in civil matters

■ Return of the leased housing and return of the lease deposit
▶ Return of the lease deposit (housing) for prevailing in a jeonse deposit lawsuit

A landlord has the obligation to return the deposit to the tenant when the lease terminates, such as by the expiration of the lease term. - Supreme Court, Judgment of January 19, 1988, 87Daka1315

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

(1) Where a tenant applies for an auction of the leased housing pursuant to a final judgment in a deposit return lawsuit or other equivalent title for execution, the performance of the counter-obligation or the tender 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.

▶ Article 3-3 of the Housing Lease Protection Act (Order for Registration of a Lease Right)

(1) Where the deposit has not been returned after the lease has ended, the tenant may apply for an order for registration of the lease right to the district court, district court branch, or city or county court having jurisdiction over the location of the leased housing.

▶ Preparations before securing a title for execution

1. Sending of certified content mail : to demand 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

The Ilsan attorney specializing in civil matters submitted the record of conversations between the client and the defendant.

It was argued that the client had communicated the intention to refuse renewal of the lease to the defendant two months before the expiration of the contract and had continued to communicate that intention from time to time thereafter.

The defendant, as the landlord, must return the deposit to the client, the tenant, upon the expiration of the lease.

The client had already delivered the building back to the defendant.

The Ilsan attorney specializing in civil matters noted that the defendant had not fulfilled the obligation to return the jeonse deposit.

The defendant had stated to the client that the deposit would be returned at the same time the contract ended.

The Ilsan attorney specializing in civil matters argued that, as the expiration date approached, the defendant made the excuse of asking the client to 'wait only until a new tenant arrives.'

With the assistance of the Ilsan attorney specializing in civil matters, the client prevailed in the deposit return lawsuit and was able to recover the full jeonse deposit as well as the litigation costs.

At Daeryun Law Firm, attorneys specializing in civil matters with extensive knowledge of civil matters provide assistance to clients.

If you have concerns similar to those of the client above, you are welcome to seek a consultation with an Ilsan attorney specializing in civil matters at Daeryun Law Firm at any time.