Deals & Cases

Lease deposit
Lease depositWinning the case (favorable judgment)

Assistance by a Gangneung Real Estate Attorney | Gangneung Attorney Secures Full Return of a Real Estate Deposit

The client who came to the Gangneung real estate attorney had not been able to recover the deposit and was therefore continuing to reside in the property. The client came to the Gangneung office to request a real estate consultation.

1. The Client Who Sought Out the Gangneung Real Estate Attorney

The client who came to the Gangneung real estate attorney had not been able to recover the deposit from the landlord and was, with no other choice, continuing to reside in the property.

The client therefore requested a consultation from the Gangneung real estate attorney in order to find a way to terminate the contract and recover the deposit.

강릉부동산전문변호사-보증금

The Circumstances That Led to Seeking Out the Gangneung Real Estate Attorney

Through consultation with the client, the Gangneung real estate attorney gained a detailed understanding of the facts.

Five years earlier, the client had entered into an initial four-year lease and had then extended it by one year through an oral agreement, living in the jeonse home.

Then, beginning six months before the expiration of the contract, the client consistently communicated that there was no intention to renew the contract.

However, the landlord only said that, because the property was encumbered by a 🔗mortgage, the sale could not be resolved, and gave only vague responses about terminating the contract.

At present, the landlord could not even be reached.

The client therefore requested a consultation at the Gangneung office, saying that he wished to find a way to terminate the contract and recover the deposit.

Response Methods Explained by the Gangneung Real Estate Attorney

To recover the deposit, you can file a lawsuit for the return of the lease deposit.

However, in order to file a lawsuit for the return of the deposit, the lease agreement must first be terminated.

This is because, once the lease agreement is terminated, under the Housing Lease Protection Act the tenant must return the leased house and the landlord becomes obligated to return the deposit.

In the client's case, because the contract had been extended orally, the client was in a state of implied renewal.

In this case, pursuant to Article 6-2 of the Housing Lease Protection Act, the tenant may notify the landlord of the termination of the contract at any time.

Furthermore, such a notice takes effect 3 months after the date it is received.

Therefore, in a situation like the client's, one can file a lawsuit seeking the return of the lease deposit so that the landlord becomes obligated to return the deposit from the point 3 months after the date the landlord is served with the complaint.

Housing Lease Protection Act, Article 6-2 (Termination of the Contract in the Case of Implied Renewal)
① Where a contract has been renewed pursuant to Article 6 (1), notwithstanding paragraph (2) of the same Article, the tenant may notify the landlord of the termination of the contract at any time.
② The termination under paragraph (1) takes effect 3 months after the date the landlord receives the notice.

2. Assistance Provided by the Gangneung Real Estate Attorney

The Gangneung real estate attorney took into account the client's situation, in which the contract had not yet fully terminated, and established a strategy to recover the deposit.

The attorney then prepared a complaint with the following content and argued that the lease would terminate three months after the date the complaint was served.

Gangneung Real Estate Attorney: Argument That the Defendant Had Disappeared

The defendant disappeared without clearly determining the lease term, agreed renewal, and similar matters with the client.

Accordingly, the Gangneung real estate attorney explained that, because the defendant was in a state of having disappeared, there was no choice but to file this lawsuit for the return of the deposit.

Gangneung Real Estate Attorney: Argument That the Defendant Should Pay the Deposit Three Months Later

Under the Housing Lease Protection Act, in the case of an implied renewal, the tenant may notify the lessor of termination of the contract at any time, and the termination takes effect 3 months after the notice is received.

Accordingly, the attorney argued that, once 3 months had passed from the date the defendant received this complaint, the defendant had to deliver the real estate to the client and return the entire deposit.

3. Result of the Gangneung Real Estate Attorney's Assistance: Successful Full Return

As a result of the diligent assistance provided by the Gangneung real estate attorney, the court ordered the defendant to return the entire deposit to the client.

The client, who had long been troubled by the real estate contract dispute, expressed gratitude to the Gangneung real estate attorney, saying that the matter could finally be resolved.

Case Notes of the Gangneung Real Estate Attorney

This was a case in which a client who had to keep living in the property because the landlord disappeared before the contract expired requested the assistance of a real estate attorney at the Gangneung office.

Daeryun Law Firm analyzes the client's situation accurately and establishes a case response strategy suited to it.

If you are facing difficulties with a 🔗lease contract dispute as described above, please 🔗schedule a legal consultation with a Gangneung real estate attorney.

강릉부동산전문변호사

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.

Lease deposit: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

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

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

Real estate lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Cheonan Drunk Driving Lawyer | Suspended Sentence for a Repeat Drunk Driving Client, and What Are the Penalties for Repeat Drunk Driving?

Next

Chuncheon Law Office Assistance | The Chuncheon law office assisted a client who repeatedly committed driving without a license and drunk driving (DUI) and protected against an immediate custodial sentence

View list
Quick Menu

Chat