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Lease Deposit
Lease DepositFavorable Judgment

Daejeon Real Estate Attorney Assistance | Daejeon Real Estate Attorney Assists Client in a Claim for Return of Deposit and Wins the Case

The Daejeon real estate attorney took on the defense in a claim for return of deposit. Determined to recover the deposit, the client decided to file suit and turned to the real estate attorney at the Daejeon office.

1. How the Client Came to Consult the Daejeon Real Estate Attorney

The client, who had a consultation with the Daejeon real estate attorney, faced a situation in which the deposit had not been returned even though the lease had ended, and requested the assistance of the real estate attorney at the Daejeon office.

The Client Who Requested the Help of the Daejeon Real Estate Attorney

The client had entered into a lease with the landlord and was living in a villa.

As the end of the contract approached, the client gave the landlord notice of the intention to terminate the lease three months in advance.

However, even up until the day the contract terminated, the landlord only spoke as though the deposit would be returned, but in fact did not return any of it.

This was so even though the landlord knew that the client, finding it difficult to cover the entire deposit, was using a jeonse loan.

Determined to recover the precious lease deposit, the client decided to proceed with a lawsuit for return of the deposit and consulted the Daejeon real estate attorney to obtain assistance.

Statutes Related to the Case, Explained by the Daejeon Real Estate Attorney

Daejeon Real Estate Attorney

The Daejeon real estate attorney explained 🔗lease disputes to the client.

When a lease ends, the landlord must return the deposit and the tenant must hand over the property.

If, as in the client's case, a lease dispute arises because the landlord does not return the deposit, a lawsuit for return of the deposit is the most reliable way to resolve the matter.

This is provided for in the Housing Lease Protection Act.

▶ Housing Lease Protection Act Article 3-2 (Recovery of Deposit)

If a tenant applies for an auction of the leased housing pursuant to a final judgment in a lawsuit for return of the deposit or another title of execution equivalent thereto, the performance of a counter-obligation or the tender of such performance shall not be a requirement for the commencement of execution, notwithstanding Article 41 of the "Civil Execution Act" concerning the requirements for the commencement of execution.

▶ Housing Lease Protection Act Article 3-3 (Order for Registration of Lease)

If the deposit has not been returned after the lease has ended, the tenant may apply for an order for registration of the lease 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.

2. Assistance Provided by the Daejeon Real Estate Attorney

The Daejeon real estate attorney carefully reviewed the client's account and the case, and diligently gathered the records of communications with the landlord, the contract, and other materials so as to draw out points favorable to the litigation.

The attorney then developed a practical strategy and made the following arguments.

The Daejeon Real Estate Attorney's Argument

Based on the evidence that would work favorably at trial, the Daejeon real estate attorney made the following arguments.

▶ Argument that the client gave notice of the intention to terminate the lease in advance
▶ Argument that, as the lease had ended, the defendant had a duty to return the jeonse deposit
▶ Argument that the client contacted the defendant several times in an effort to recover the jeonse deposit
▶ Argument that the defendant made excuses and did not return the deposit

3. Result of the Daejeon Real Estate Attorney's Defense: "Winning the Case"

The court, accepting the Daejeon real estate attorney's argument, issued a decision ordering payment of the full lease deposit to the client, along with an order that the defendant bear all the costs of the litigation.

If You Are Unable to Recover Your Lease Deposit

If, like the client in this case, you are unable to recover your lease deposit, obtaining the assistance of an attorney and resolving the matter through litigation is the most reliable approach.

At Daeryun Law Firm, real estate attorneys with more than ten years of extensive experience communicate in real time, drawing on broad knowledge, and work diligently to develop the optimal strategy.

Through a 🔗legal consultation booking with an attorney, careful review and consultation are available at any time, so if you are unable to recover your deposit, you may request the assistance of the Daejeon real estate attorney.

대전부동산변호사

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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Attorney ChanWoo JEONG

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Experience in planning department at large construction company/large company

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