Case Handled by a Changwon Law Office | With the Assistance of a Changwon Law Office, a Client Successfully Recovered the Full Amount of a Deposit

The client who visited the Changwon law office had paid the full deposit to the landlord upon entering into the lease.

As the lease term was coming to an end, the client informed the landlord that there was no intention to renew the contract.

At the time, the landlord expressed agreement, but after that the landlord did not respond to the client's calls.

The client therefore visited the Changwon law office and requested assistance in order to pursue a lawsuit for the return of the deposit and recover it.

■ Statutes Related to a Lawsuit for the Return of a Deposit, as Explained by the Changwon Law Office

▶ Return of a Lease Deposit (Housing) Toward Prevailing in a Deposit Lawsuit

When a lease is terminated, including upon the expiration of the lease term, the landlord has an obligation to return the deposit to the tenant. - Supreme Court, Judgment of January 19, 1988, 87Daka1315

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

① Where a tenant applies for an auction of the leased housing pursuant to a final judgment in a lawsuit for the return of a deposit or other title of execution equivalent thereto, notwithstanding Article 41 of the “Civil Execution Act” concerning the requirements for commencing execution, the performance or tender of performance of the counter-obligation shall not be a requirement for commencing execution.

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

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

▶ Preparations Before Securing a Title of Execution

1. Sending certified mail (certified legal notice): 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 landlord did not pay the deposit even though the lease had terminated upon the expiration of the lease term.

The Changwon law office argued that, because the landlord did not perform the obligation to return the deposit, the client was in a situation of extending a loan and paying interest.

The Changwon law office argued that the landlord had deliberately not answered calls in order to avoid returning the deposit to the client.

The client had expressed an intention to refuse renewal of the contract to the landlord beginning 3 months before the contract expired.

The Changwon law office argued that the client had contacted the landlord at least twice in order to recover the jeonse deposit.

The client who came to the Changwon law office requested the assistance of a Changwon attorney in order to pursue a lawsuit for the return of a deposit.

As a result of the Changwon attorney's assistance, the client was able to recover the full amount of the deposit.

If you are experiencing a situation similar to that of the client above, you may visit Daeryun's 🔗Changwon law office at any time and request assistance.