Deals & Cases
[Won Jeonse Deposit Lawsuit] Client Who Won a Jeonse Deposit Lawsuit and Successfully Recovered the Deposit
The client who filed a jeonse deposit lawsuit had stated that there was no intention to renew the lease term, but filed the lawsuit because the deposit was not returned by the landlord.
1. The Client Who Came Regarding a Jeonse Deposit Lawsuit
To seek practical help with a jeonse deposit lawsuit, the client visited Daeryun Law Firm, which has broad experience in jeonse deposit lawsuits.
What Was the Reason for the Jeonse Deposit Lawsuit?
The client in this case had entered into a 24-month lease.
Five months before the lease term expired, the client informed the landlord of the intention to move out.
However, in consideration of the landlord's circumstances, the client renewed the lease.
Later, the client again informed the landlord of the intention to move out 3 months before the lease term expired, but the landlord still had not returned the deposit to the client.
The client therefore visited Daeryun Law Firm for a jeonse deposit lawsuit.
What Is the Legal Basis for a Lease Deposit Lawsuit?
■ Return of a Lease Deposit (Housing) for a Favorable Judgment in a Lease Deposit Lawsuit
When a lease terminates due to expiration of the lease term or other grounds, the lessor has the obligation to return the deposit to the lessee.
- Supreme Court Decision 87Daka1315, Jan. 19, 1988
■ Housing Lease Protection Act, Article 3-2 (Recovery of the Deposit)
① Where a lessee applies for an auction of the leased housing pursuant to a final judgment in a deposit return lawsuit or another enforcement title equivalent thereto, the performance or tender of performance of the counter-obligation shall not be required as a condition for commencing execution, notwithstanding Article 41 of the "Civil Execution Act" concerning the requirements for commencing execution.
■ Housing Lease Protection Act, Article 3-3 (Order for Registration of a Lease Right)
① Where the deposit has not been returned after the lease has ended, the lessee may apply for an order for registration of a lease right to the district court, the branch of the district court, or the city or county court having jurisdiction over the location of the leased housing.
■ Preparations Before Securing an Enforcement Title
1. Sending certified mail : Demanding the return of the deposit
2. Filing for provisional attachment : Intended to preserve compulsory execution against the lessor's movable or immovable property
2. An Attorney's Strategy for a Favorable Judgment in a Lease Deposit Lawsuit
The client was unable to recover the deposit that the client was legally and rightfully entitled to have returned.
In response, an attorney at Daeryun Law Firm actively assisted the client through the lease deposit lawsuit so that the client could recover the deposit.
Assistance Provided for a Favorable Judgment in the Lease Deposit Lawsuit
■ In the lease deposit lawsuit, Daeryun Law Firm emphasized that the client had clearly expressed the intention to vacate to the lessor by text message and KakaoTalk three months before the lease term expired.
■ Because the client clearly conveyed the intention to decline renewal of the contract to the lessor, the firm emphasized that the lease had been lawfully terminated.
■ The firm emphasized that, because the client did not recover the deposit from the lessor, another real estate lease contract of the client fell through.
3. The Client Recovered the Deposit After a Favorable Judgment in the Lease Deposit Lawsuit
Before the lease deposit lawsuit, the client was experiencing significant emotional distress because the client could not recover the deposit, which amounted to nearly the client's entire assets.
However, an attorney at Daeryun Law Firm developed a systematic strategy so that the client could recover the deposit, and the firm obtained a favorable judgment in the lease deposit lawsuit.
How Did the Court Rule in the Lease Deposit Lawsuit?
Accepting the position of Daeryun Law Firm, the court, as the result of the lease deposit lawsuit, ruled, 'The defendant shall pay the plaintiff 290,000,000 won. The costs of the lawsuit shall be borne by the defendant.'
Through the strategy of the attorney at Daeryun Law Firm, the client was able to recover the deposit in full.
Receiving an Attorney's Assistance May Be Advantageous in a Lease Deposit Lawsuit
In a lease deposit lawsuit, proving that the lessee clearly expressed the intention to vacate is very important.
For this reason, proceeding with the lawsuit with an attorney's assistance can be advantageous.
An attorney at Daeryun Law Firm, who has extensive experience with lease deposit lawsuits, provides tailored consultations and assists clients with diligence.
If you need assistance with a lease deposit lawsuit such as the one described above, you may reach out to Daeryun Law Firm.
![임대차보증금 [전세금소송] 계약이 종료되었으나 보증금을 반환하지 않는 임대인에게 전세금소송 승소](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240516083535967.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.
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