Jeonse Deposit Return Lawsuit Procedure | Client Who Won the Case and Recovered the Deposit in Accordance With the Jeonse Deposit Return Lawsuit Procedure

The lease contract and its performance by the client, who wished to understand the jeonse deposit return lawsuit procedure, were diligence itself.

After concluding a lease for a multi-household house, the client lived a happy life in the house for several years as the lease was renewed by implication.

One day, when the implied renewal had continued for more than a year, the client informed the landlord, who is the defendant, of the intention to move out, stating that there would be no further renewal. Dreaming of a bright future, the client strongly wished to lead life in an improved environment.

However, the answer that came back from the landlord was the opposite. On the ground that no new tenant could be found, the arrangement was converted to a short-term monthly rent, and the client understood and complied even with that. Although that short-term monthly rent period also ended, the client's deposit was not returned.

To prevent any further emotional harm and stress, the client requested a jeonse deposit lawsuit from Daeryun Law Firm.

The legal basis for litigation related to the return of a jeonse deposit is briefly reviewed below.

■ Return of a Lease Deposit (Housing) for Prevailing in a Jeonse Deposit Lawsuit

When a lease terminates, such as upon the expiration of the lease term, the landlord has an obligation to return the deposit to the tenant.

- Supreme Court Decision 87Daka1315, rendered January 19, 1988

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

① Where a tenant applies for an auction of the leased house pursuant to a final judgment in a deposit return lawsuit or another equivalent title of execution, the performance or tender of performance of the counter-obligation 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 to Register a Lease Right)

① Where the deposit is not returned after the lease ends, the tenant may apply for an order to register the lease right with the district court, the branch of the district court, or the city or county court having jurisdiction over the location of the leased house.

■ Preparation Before Securing a Title of Execution

1. Sending certified mail : Demanding the return of the deposit

2. Applying for provisional attachment : For the purpose of preserving compulsory execution against the landlord's movable or immovable property

In accordance with the jeonse deposit return lawsuit procedure, Daeryun Law Firm confirmed that the client had, after the implied renewal, notified the landlord several times of a proper intention to terminate the lease.

The firm emphasized that the landlord had put off returning the deposit and, as roughly six months passed, paid only part of the deposit, and even that part amounted to less than half of the total.

The client's situation, as confirmed while preparing the jeonse deposit return lawsuit procedure, was one of considerable emotional distress and mental stress.

During that time, the client had accommodated the landlord's many requests in order to terminate the contract and recover the jeonse deposit as amicably as possible. One example is the client's agreement to reside under a short-term monthly rent for the period until a new tenant could be found after the request to terminate the contract.

Given that the client clearly expressed the intention to terminate the contract throughout this series of steps, and that the client nevertheless failed to recover the jeonse deposit even after accommodating some of the landlord's circumstances, it can be inferred that the client's distress must have been very severe.

Accepting the position of Daeryun Law Firm, the court, as the result of the jeonse deposit lawsuit, rendered a judgment stating, ‘The defendant shall pay the plaintiff the full amount of the unpaid deposit, and the defendant shall bear the costs of the litigation.’

Through the strategy of the experienced attorney at Daeryun Law Firm, the client was able to recover the full amount of the deposit.

This is the case of a client who, with the assistance of a Daeryun attorney, recovered the full unpaid portion of the deposit.

At Daeryun Law Firm, the firm provides dedicated assistance to recover the full jeonse deposit for clients.

Drawing on numerous case examples related to jeonse deposits, experienced attorneys at Daeryun form a dedicated team and work to resolve the case.

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