How should I respond to real estate jeonse fraud...

Hello. This is a real estate-specialized attorney from Daeryun Law Firm.

The situation you described appears to be one of the typical patterns of real estate jeonse fraud.

If a mortgage has already been excessively set up and you have lost contact with the landlord, it is highly likely to develop into a criminal fraud rather than a contract dispute.

In real estate jeonse fraud, prompt response is the key to damage recovery. Please keep the following steps in mind:

1. Immediately check the registered title certificate and lease contract

You should view the registered title certificate to check whether there are mortgages, provisional attachments, or transfers of ownership registration. If the mortgage setting amount is greater than the jeonse deposit, since the security right holder already has priority, recovery of the deposit becomes difficult. Also, you must check whether the landlord is the actual owner or a name lender.

2. Police reporting and criminal complaint of real estate jeonse fraud charges

If the landlord entered into a jeonse contract from the beginning without intent to return the deposit, this constitutes the crime of fraud under criminal law. Victims can file a complaint at the local police station for jeonse fraud charges, and must also submit materials proving the landlord's intent and false facts (contracts, account transaction records, text records, etc.).

If necessary, a real estate-specialized attorney can represent in statement preparation, evidence organization, and investigative agency response.

3. Check whether the deposit return guarantee with Korea Housing & Urban Guarantee Corporation (HUG) has been subscribed

If you subscribed to HUG guarantee insurance at the time of contract conclusion, you can claim deposit return in case of the landlord's default. Even if not subscribed, if certain requirements are met, there may be room for relief through the post-guarantee system, so you must definitely check the possibility through consultation with a real estate-specialized attorney.

4. Securing opposing power through application for tenancy registration order

If the landlord is in a state of not being contactable, you must maintain your rights as a tenant through a tenancy registration order.

This can be applied to the court with simple documents, and once registration is completed, opposing power and priority refund rights can be preserved. Even if the housing is later put up for auction, you can be priority refunded part of the deposit.

5. Victim relief procedures and necessity of legal assistance

Jeonse fraud victims can apply for housing stability, loan support, and auction procedure suspension under the "Special Act on Support for Jeonse Fraud Victims."

However, since the legal requirements are strict and the documents to be submitted are complex, it is important to systematically respond from victim recognition application to deposit return lawsuits and compulsory execution with the assistance of a real estate-specialized attorney.

At our firm, real estate-specialized attorneys and criminal-specialized attorneys collaborate to represent the entire response process for real estate jeonse fraud, including criminal complaints, civil claims for damages, and provisional injunction applications.