[Jeonse Deposit Lawsuit Success Case] Full Deposit Recovered After Winning a Jeonse Deposit Lawsuit

This is the case of a client who won a jeonse deposit lawsuit and recovered the full deposit.

The client entered into a lease agreement with the defendant, who was the landlord, and transferred the jeonse deposit.

The client, starting three months before the lease term ended, finished preparing to move and notified the real estate agent that the jeonse contract would be terminated.

The next day, the defendant received the news and contacted the client to say that the deposit would be returned.

After that, however, even as the date for the expiration of the contract term passed, the defendant did not answer the client's calls, and the real estate agent only relayed open-ended news asking the client to wait until a new tenant moved in.

In the end, the client did not recover the deposit. The client therefore decided to proceed with a jeonse deposit lawsuit and came to a dedicated attorney at Daeryun.

■ Statutes Relevant to a Jeonse Deposit Lawsuit

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

Where a lessee applies for an auction under a final judgment in a lawsuit for the return of the deposit or under any other comparable title of execution, the performance of the counter-obligation or the tender of such performance shall not be a requirement for commencing execution, notwithstanding Article 41 of the Civil Execution Act concerning the requirements for commencing execution.

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

Where the deposit is not returned after the lease ends, the lessee may apply for an order for registration of the lease right to the District Court, the District Court branch, or the City or County Court having jurisdiction over the location of the leased housing.

Preparation Before Securing a Title of Execution

1. Sending certified mail: to demand return of the deposit

2. Application for provisional attachment: for the purpose of preserving compulsory execution against the lessor's movable or immovable property

In the jeonse deposit lawsuit, the client noted that, starting three months before the lease term expired, she had expressed her intent to vacate to the real estate agent and the defendant.

The client first expressed her intent to vacate to the real estate agent via messenger, then contacted the defendant once more and received a definite answer regarding the return of the jeonse deposit.

Even though there were circumstances showing that the intent to vacate had been expressed, the defendant did not return the deposit to the client.

The Daeryun attorney accordingly emphasized that the client had expressed her intent to vacate and that there were messenger records serving as clear evidence.

In the jeonse deposit lawsuit, the defendant as lessor had a duty to return the deposit to the client but did not fulfill it.

As the contract term expired, the client requested the return of the deposit starting three months in advance but did not receive it.

The Daeryun attorney requested that the defendant, who had not performed the duty to return the deposit under the law, return the full amount in the jeonse deposit lawsuit.

In the jeonse deposit lawsuit, the defendant, through the real estate agent, gave a one-sided notice that the jeonse deposit would be returned once a new tenant appeared.

Although the contract term had expired and the client had prepared to move, she did not recover the jeonse deposit because of the defendant's excuses.

The Daeryun attorney argued that the deposit should be returned to the client, who had not recovered the jeonse deposit in the jeonse deposit lawsuit and had received only the defendant's one-sided notice.

This is the case of a client who recovered the full deposit with the assistance of a Daeryun attorney in a jeonse deposit lawsuit.

Daeryun Law Firm made every effort to assist the client in recovering the full jeonse deposit.

If you have concerns about a case like the one above, you may come to Daeryun Law Firm.

Daeryun has organized and dedicated attorney teams in place.

Daeryun Law Firm will continue to provide diligent assistance for its clients.