Deals & Cases
[Monthly-Rent Deposit Recovery Lawsuit Favorable Judgment] Favorable Judgment in the Monthly-Rent Deposit Recovery Lawsuit With the Full Deposit Returned
The client, who came to Daeryun resolved to pursue a monthly-rent deposit recovery lawsuit, requested litigation assistance in order to recover the monthly-rent deposit from the landlord.
1. The Circumstances That Led to the Decision to Pursue the Monthly-Rent Deposit Recovery Lawsuit
When the client did not receive the deposit back from the landlord even after the lease had expired, the client resolved to pursue a monthly-rent deposit recovery lawsuit and came to Daeryun to request assistance.
The Client Who Requested Assistance With the Monthly-Rent Deposit Recovery Lawsuit
This is the case of a client who came to Daeryun for a monthly-rent deposit recovery lawsuit.
The client and the defendant in this case are in a lessee and lessor relationship, having entered into a lease agreement.
A few years ago, the defendant purchased the building from a non-party and, after completing the registration of ownership transfer, succeeded to the position of lessor.
Afterward, the defendant and the client extended the lease and entered into a new agreement.
After the lease expired, the client requested the return of the deposit from the defendant on several occasions, but the defendant refused to return the deposit without any particular reason.
The client therefore came to Daeryun Law Firm to request assistance in filing a monthly-rent deposit recovery lawsuit against the landlord.
Statutes Related to the Monthly-Rent Deposit Recovery Lawsuit
When a lease terminates upon expiration of the lease term or for similar reasons, the lessor has the obligation to return the deposit to the lessee.
- Supreme Court, January 19, 1988, Judgment No. 87daka1315
Housing Lease Protection Act
Where a lessee applies for an auction pursuant to a final and conclusive judgment in a lawsuit claiming the return of a deposit or another comparable title of execution, the performance or tender of performance of the counter-obligation shall not be a requirement for commencing execution, notwithstanding Article 41 of the 「Civil Execution Act」 concerning the requirements for commencing execution.
- Housing Lease Protection Act Article 3-2
Where the deposit is not returned after the lease has ended, the lessee may apply for an order to register the lease right with the district court, district court branch, or city or county court having jurisdiction over the location of the leased housing.
- Housing Lease Protection Act Article 3-3
Even where the lease terminates, the lease relationship is deemed to continue until the lessee receives the deposit back, so the lessor and the lessee continue to hold their rights and obligations under the lease agreement.
- Housing Lease Protection Act Article 4-2
Preparation Before Securing a Title of Execution
1. Sending certified mail (content-certified mail): urging the return of the deposit
2. Applying for provisional attachment: for the purpose of preserving compulsory execution against the lessor's movable or immovable property
2. Matters of Assistance for a Favorable Judgment in the Monthly-Rent Deposit Recovery Lawsuit
The attorney at Daeryun Law Firm established a strategy to obtain a favorable judgment in the monthly-rent deposit recovery lawsuit.
Emphasizing that the client had handed over the building to the defendant and that the defendant therefore had an obligation to return the monthly-rent deposit, the attorney requested that the entire claim be granted.
In the Monthly-Rent Deposit Recovery Lawsuit, the Plaintiff Argues That the Building Was Handed Over
The plaintiff handed over the building to the defendant at the same time the lease ended.
Accordingly, the plaintiff argued that the defendant had an obligation to return the full deposit to the plaintiff.
In the Monthly-Rent Deposit Recovery Lawsuit, the Plaintiff Argues That the Defendant Is Refusing Contact
The plaintiff requested the return of the deposit from the defendant on several occasions.
The defendant, however, refused to return the deposit without any particular reason, and the plaintiff argued that the defendant could no longer be reached.
3. The Result of the Monthly-Rent Deposit Recovery Lawsuit: A Favorable Judgment
In this monthly-rent deposit recovery lawsuit, accepting Daeryun Law Firm's argument, the court granted the entire claim and concluded that the full deposit was to be returned. The litigation costs were also imposed on the defendant, and the case was concluded with a favorable judgment.
Monthly-Rent Deposit Recovery Lawsuit: The Assistance of a Specialist Attorney Is Needed
The case above was one in which the client, who had not been receiving the deposit back from the landlord, obtained a favorable judgment in the monthly-rent deposit recovery lawsuit and recovered the deposit.
If you find yourself in a difficult situation like this, unable to recover a deposit, resolving the matter through a monthly-rent deposit recovery lawsuit with the assistance of a specialist attorney can be the most reliable approach.
At Daeryun Law Firm, specialist attorneys with extensive experience in various real estate and contract-related lawsuits lead the client's case.
The firm establishes a strategy favorable to the client and prepares practical countermeasures, so if you need assistance in a situation like the case above, you may come to the nearest Daeryun Law Firm at any time.
![보증금 판결 [월세보증금반환소송 승소] 월세보증금반환소송 승소하며 전세금 전액 반환](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240509044740778.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
Return of deposit: Want a faster, more detailed consultation?
Consult aspecialized attorney
Related Information
Explore legal information related to this case.
Cases of Violation of the Framework Act on the Construction Industry and the Resulting Disadvantages
Who Is Subject to the Fair Transactions in Subcontracting Act, How to Draft a Contract, and What Is the Punishment for a Violation?
Methods for Preventing Deposit Fraud and How to Respond When You Have Suffered Jeonse Fraud
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View moreKey Case Studies
View moreRelated Practice Areas
View moreConsult in other languages
Popular Columns
View moreGuide to the Procedure for a Jeonse Funds Return Lawsuit, Securing Evidence, Points to Note, and How to Pursue Compulsory Execution

Standards and the Punishment Provisions for Violations of the Fair Transactions in Subcontracting Act

What Is the Procedure for Applying for an Order to Register a Lease Right When the Deposit Is Not Returned?

Procedure for Demolition of an Illegal Building: How to Respond if There Is an Illegal Building on Your Land

Guide to the Procedure for Applying for a Provisional Injunction Prohibiting Disposal of Real Estate and Methods for Assessing the Requirements

Previous
[Mergers and Acquisitions Advisory Case] Advisory Services Including Review of Contracts for a Merger and Acquisition
Next
[Suwon Lawsuit Against the Adulterous Partner (Female) Attorney Assistance Case] Successful 50 Percent Reduction in Amount With the Help of a Suwon Lawsuit Against the Adulterous Partner (Female) Attorney
View listDo you have more questions?













