Gwanggyo Law Office Assistance | Winning the Case and Recovering the Full Deposit With the Assistance of the Gwanggyo Law Office

🔗The Gwanggyo law office was visited by a client who wished to file a lawsuit because the deposit had not been returned by the landlord.

After entering into a lease with the landlord of the building in question, the client paid the full amount of the jeonse deposit.

Having moved into and lived in the building, the client notified the landlord of an intention to decline renewal of the lease as the expiration of the lease term approached.

However, the landlord put off the date for returning the lease deposit and did not return it.

Accordingly, the client requested the assistance of the Gwanggyo law office in order to pursue a 🔗deposit return lawsuit against the landlord.

The Gwanggyo attorney at the Gwanggyo law office explained the statutes governing deposit return lawsuits.

▶ When a lease is terminated, the tenant bears the obligation to return the leased house and other duties in accordance with the terms of the lease, and the landlord bears the obligation to return the lease deposit. (Article 536 of the Civil Act)

▶ Even after a lease is terminated, the lease relationship is deemed to continue until the tenant receives the return of the deposit, so the landlord and the tenant retain their rights and obligations under the lease as they are. (Article 4(2) of the Housing Lease Protection Act)

▶ The tenant, while bearing the obligation to pay rent, holds a defense of simultaneous performance to refuse to deliver the leased house until the deposit is returned, and the landlord, while holding the right to claim payment of rent, holds a defense of simultaneous performance to refuse payment of the deposit until the leased house is delivered.

However, even if the tenant does not perform the counter-obligation of delivering the leased house, the tenant may commence compulsory execution once an enforcement title has been obtained.(Article 3-2(1) of the Housing Lease Protection Act and Article 41 of the Civil Execution Act)

The Gwanggyo law office argued that, even before the lease ended, the client had contacted the landlord to convey an intention to decline renewal and to recover the deposit.

The client expressed an intention to vacate the premises several months before the lease ended and thereafter continued to contact the landlord.

As the lease had ended, the landlord bears the obligation to return the deposit to the client.

The Gwanggyo law office argued that the landlord had failed to perform the obligation to return the deposit by making excuses.

The client who visited the Gwanggyo law office wished to recover the deposit through a deposit return lawsuit.

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

At Daeryun Law Firm, experienced attorneys are available to assist clients throughout the year.

If you are facing a situation such as the one described above, please feel free to seek 🔗a consultation at the Gwanggyo law office of Daeryun Law Firm.