Jeju Attorney Consultation | Full Grant of a Lawsuit for the Return of a Lease Deposit

2024.12.11고병준

The client, who sought a Jeju attorney consultation, requested a consultation in order to pursue legal proceedings and recover a deposit of about 300 million won that had not been returned.

1. Jeju Attorney Consultation | Background of the Case

The client, who sought a Jeju attorney consultation, requested the return of a deposit of about 300 million won from the defendant when the lease expired around June 2024.

However, despite the client's repeated attempts to make contact, the defendant gave no response, and the client, left unable to sign a contract for the next home to which the client planned to move, decided to take legal action through a Jeju attorney's professional consultation.

The Jeju attorney began legal preparations to file a lawsuit on the ground that further communication between the client and the defendant was no longer possible.

During the Jeju attorney consultation, the client confirmed that the defendant was under provisional attachment for tax arrears at the time, and the client was concerned that further delay in the return of the deposit of about 300 million won could lead to additional financial harm.

2. Jeju Attorney Consultation | Trial Preparation Process

Through the Jeju attorney consultation, the client organized all records of communication with the defendant and prepared the lease agreement, the deposit payment records, and the moving-in registration as evidence.

The client, who received the Jeju attorney consultation, also highlighted that the defendant had ignored and evaded repeated contact, and established the legal grounds to file a lawsuit based on the relevant evidence.

The Jeju attorney had the client send a certified mail to the defendant as a final step before the lawsuit, and reviewed the appropriate response.

Through these steps, the Jeju attorney prepared a prompt and accurate legal response.

The Jeju Attorney's Pleading Process

The lawsuit, which began with the Jeju attorney consultation, was delayed considerably due to the defendant's slow response, but the Jeju attorney guided the client on the response strategy and proceeded through the legal steps methodically.

The Jeju attorney clearly explained the defendant's evasive conduct at trial and repeatedly emphasized that there was an obligation to return the deposit after the lease ended.

In addition, for the client consultation, the attorney rebutted the defendant's unreasonable response based on the lease agreement, and strongly asserted the client's legitimate rights.

The Lawsuit for the Return of a Deposit Explained by the Jeju Attorney

If a deposit dispute arises between a lessor and a lessee, as with the client consultation, it can be resolved through a lawsuit for the return of a deposit.

As the lease ended, the client gained the right to claim the return of the deposit from the defendant, and by sending a certified mail, the client clarified future legal issues such as damages.

Thereafter, the client submitted a complaint to formally bring a lawsuit for the return of the deposit.

A lawsuit for the return of a deposit is based on the Housing Lease Protection Act, as follows.

▶ Housing Lease Protection Act Article 3-2 (Recovery of Deposit)
If a lessee applies for an auction of the leased housing pursuant to a final judgment in a lawsuit for the return of a deposit or any other title of execution equivalent thereto, the performance of the counter-obligation or the provision of such performance shall not be required as 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 to Register a Lease Right)
If the deposit has not been returned after the lease has ended, the lessee may apply to the district court, district court branch, or city or county court having jurisdiction over the location of the leased housing for an order to register the lease right.

3. Jeju Attorney Consultation | Trial Result, Full Grant

The lawsuit conducted through the Jeju attorney consultation ultimately received a full grant judgment from the court.

The court fully recognized the evidence the client submitted and made clear that the defendant had a legal obligation to return the deposit.

In addition, the client, through the Jeju attorney consultation, recovered the entire deposit of about 300 million won in full, and the defendant was made to bear the litigation costs in full.

In accordance with the court's judgment, the client consultation was able to prevent further harm and fully protect the rights the client asserted under the law.

🔗The Jeju attorneyplayed an important role in achieving this result.

As this shows, when facing a legal issue, prompt and accurate legal consultation is needed.

If you are in a similar situation or need legal assistance, please obtain the Jeju attorney's advice right away through a 🔗legal consultation booking.

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.