[Gunsan Real Estate Attorney Favorable Judgment Case] Successful Return of the Deposit with the Assistance of a Gunsan Real Estate Attorney

When the client who sought assistance from the Gunsan real estate attorney entered into the lease with the defendant, the client transferred a jeonse deposit of 25 million won to the defendant.

The client then received delivery of the property, completed the move-in report, and was residing in the property.

A mortgage to secure a maximum amount had been registered on the property, so the client tried to contact the defendant beginning several months before the end of the lease in order to express an intention to terminate the contract.

The defendant did not answer the client's calls, so the contract was renewed by implication, and the defendant remained unreachable up to the present, two years after the date of renewal by implication.

The client therefore came to the Gunsan real estate attorney and sought assistance in order to recover the lease deposit.

When a lease ends because the lease term has expired or for another reason, the landlord has a duty to return the deposit to the tenant.

- Supreme Court Decision 87Daka1315, January 19, 1988

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

When a tenant applies for an auction of the leased house based on a final judgment in a lawsuit claiming return of the deposit or another comparable title for execution, the performance of a counter-obligation or the tender of such performance is not required as a condition for commencing execution, notwithstanding Article 41 of the "Civil Execution Act" concerning the requirements for commencing execution.

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

When the deposit is not returned after the lease ends, the tenant may apply for an order for registration of the lease right to the district court, the branch of the district court, or the city or county court that has jurisdiction over the location of the leased house.

Preparation Before Securing a Title for Execution

1. Sending certified mail : to demand return of the deposit

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

The plaintiff tried to contact the defendant in order to terminate the lease, but the defendant refused the plaintiff's contact.

In the end, the lease was renewed by implication because neither party conveyed an intention to terminate.

When a lease is renewed by implication, the tenant may give notice of termination at any time.

The plaintiff therefore argued that the plaintiff had sent certified mail of this content to the defendant.

The defendant has remained unreachable to this day, two years after the date of renewal by implication.

The attorney argued that, in response to the plaintiff's continued attempts to make contact, the defendant changed telephone numbers and intentionally refused contact.

The case above involved a client who succeeded in recovering the full lease deposit with the assistance of the Gunsan real estate attorney at Daeryun Law Firm.

The Gunsan real estate attorney sent certified mail to the defendant and established a systematic strategy that led to a favorable judgment.

If you are unable to recover a deposit in this way, filing a lawsuit against the landlord with the assistance of a specialized attorney is generally a sound approach to recovery.

At Daeryun Law Firm, real estate attorneys who have handled various real estate cases provide assistance with clients' cases from beginning to end.

If you are facing difficulty similar to the case above, you may request assistance from a Gunsan real estate attorney at Daeryun Law Firm at any time.