Seoul Real Estate Attorney Success Case | Prevailing in the Lawsuit and Recovering the Full Deposit

The client who came to the Seoul real estate attorney wished to file a lawsuit after being unable to recover the deposit from the lessor.

While the client was living in a jeonse home under a two-year lease agreement, the lessor changed.

To make this fact clear, the client prepared a new contract with the new lessor.

Beginning several months before the termination date of the lease agreement, the client notified the lessor that there was no intention to renew the contract, but the new lessor gave no response.

Having failed to recover the deposit even after the termination date, the client visited Daeryun in order to recover the deposit with the assistance of the Seoul real estate attorney.

■ Statutes related to the return of deposit lawsuit

When a lease terminates upon the expiration of the lease term or otherwise, the lessor has the obligation to return the deposit to the lessee. - Supreme Court Decision 87Daka1315, January 19, 1988

▶Housing Lease Protection Act

Article 3 (Opposing Power, etc.)
① Even where there is no registration, a lease takes effect against third parties from the day following the date on which the lessee completes the handover of the housing and the resident registration. In this case, the resident registration is deemed completed at the time the move-in report is made.
④ A transferee of the leased housing (including any other person who succeeds to the right to lease) is deemed to have succeeded to the status of the lessor.

Article 3-3 (Order to Register a Lease Right)
① Where the deposit has not been returned after the lease has ended, 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.

The Seoul real estate attorney emphasized that the client had sent certified mail to the lessor in order to state that there was no intention to renew the contract for the jeonse home.

The client had attempted to contact the lessor several times to notify the lessor that there was no intention to renew the contract, but received no response.

Accordingly, the client sent certified mail to the lessor to again demand the return of the jeonse deposit.

The attorney argued that the lease agreement in this case would terminate without implied renewal under the Housing Lease Protection Act.

The Seoul real estate attorney argued that the lessor was failing to perform the obligation to return the deposit.

The current lessor, who purchased the property from the former lessor, completed the registration of ownership transfer and succeeded to the status of lessor.

Although the lessor had the obligation to return the deposit to the lessee when the lease terminated upon the expiration of the lease term or otherwise, the lessor was not returning the client's jeonse deposit.

Accordingly, the Seoul attorney focused on real estate stressed that the lessor was deliberately avoiding the client's contact, in which the client had stated that there was no intention to renew the contract, and was thereby refusing to return the deposit.

The client who came to the Seoul real estate attorney wished to file a lawsuit after being unable to recover the jeonse deposit from the lessor.

Accordingly, Daeryun formed a team of real estate attorneys with extensive experience in return of deposit lawsuits and assisted with the litigation.

As a result of the case, the court accepted the real estate attorney's arguments, and the client recovered the full jeonse deposit from the landlord.

If you find yourself in a situation like the above where you need to file a return of deposit lawsuit, please consult with 🔗the Seoul attorney focused on real estate at Daeryun.