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[Jeonse Deposit Return Suit Success Case] A Jeonse Deposit Return Suit Was Won Against a Landlord Who Withheld the Jeonse Deposit Despite Delivery of the Building

The client, who needed a jeonse deposit return suit, was in a difficult situation because the deposit had not been returned even though the renewal of the lease had been refused. The client had not recovered the deposit even after returning the leased property.

1. The Client Who Came for a Jeonse Deposit Return Suit

This is how the client came to seek an attorney for a jeonse deposit return suit. Soon after this incident, the client came to Daeryun Law Firm, which has extensive experience in jeonse deposit return suits.

Why Did the Jeonse Deposit Return Suit Become Necessary?

The client in this case entered into a lease agreement with the defendant, the landlord, and agreed to rent the home for 2 years.

In accordance with this, the client paid the deposit and used the home for 2 years.

Four months before the lease term ended, the client conveyed to the building manager the intention to move out after the contract expired.

The defendant stated that the deposit could not be prepared in time for the expiration date, and proposed to adjust the date for the return of the deposit.

The client subsequently returned the leased property, but the defendant has still not paid the deposit.

The client therefore decided to pursue a jeonse deposit return suit together with Daeryun Law Firm.

The attorney at Daeryun Law Firm decided to review the lease agreement in order to win the jeonse deposit return suit.

What Is the Legal Basis for the Jeonse Deposit Return Suit?

When a lease ends, for example upon the expiration of the lease term, the landlord has a duty to return the deposit to the tenant.

- Supreme Court Decision 87Daka1315, January 19, 1988

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

① Where a tenant applies for an auction with respect to the leased housing based on a final judgment in a deposit return suit or another title of execution equivalent thereto, the performance of a counter-obligation or the tender of such performance shall not be required as a condition for the commencement of execution, notwithstanding Article 41 of the 「Civil Execution Act.」

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

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

  • Preparation Before Securing a Title of Execution

1. Sending certified mail (content-certified mail) : 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

2. The Specialized Attorney's Strategy for Winning the Jeonse Deposit Return Suit

The client had not been able to recover the deposit from the defendant. So that the deposit could be recovered through legal means, the attorney at Daeryun Law Firm responded directly through a jeonse deposit return suit. Let us look at how the attorney at Daeryun Law Firm worked on the jeonse deposit return suit.

Assistance Provided to Win the Jeonse Deposit Return Suit

In the jeonse deposit return suit, the attorney team at Daeryun Law Firm emphasized that the plaintiff had conveyed to the building manager the intention to move out after the contract expired, four months before the lease ended, and had made the same statement of intent thereafter.

In the jeonse deposit return suit, the team emphasized that, because the plaintiff had clearly notified the defendant of the intention to refuse renewal, the lease had been lawfully terminated.

The team emphasized that the defendants had not returned the deposit even after the lease term for this property had expired.

3. The Client Who Won the Jeonse Deposit Return Suit and Recovered the Deposit

Before the jeonse deposit return suit, the client was in a difficult situation, having returned the leased property to the defendant but not recovered the deposit. With the attorney at Daeryun Law Firm establishing a timely strategy so that the deposit could be recovered, the client was able to win the jeonse deposit return suit.

How Did the Court Decide in the Jeonse Deposit Return Suit?

Accepting the position of Daeryun Law Firm, the court, as the result of the jeonse deposit return suit, ordered that ‘the defendant shall pay the plaintiff 80 million won and delay damages.’

The court also ordered that the litigation costs be paid by the defendant.

The client was able to recover the deposit through the jeonse deposit return suit. The client expressed gratitude to the attorney team at Daeryun Law Firm, which assisted with the jeonse deposit return suit to the fullest.

It Is Advantageous to Receive the Assistance of a Specialized Attorney in a Jeonse Deposit Return Suit

A jeonse deposit return suit refers to filing a lawsuit against a landlord for the purpose of recovering the jeonse deposit when the landlord does not return it.

According to the 2023 Judicial Yearbook, there were 3,702 jeonse deposit return suits as of 2022, a slight increase from 3,418 in 2021.

When pursuing such a jeonse deposit return suit, it is advisable to seek the help of a specialized attorney.

If you need a jeonse deposit return suit, as described above, you may wish to entrust your case to Daeryun Law Firm.

[전세금반환소송 성공사례] 건물 인도에도 전세금 주지 않는 집주인에 전세금반환소송 승소

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.

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