Civil

Jeonse Deposit Return Lawsuit: Plaintiff Prevails Against New Owner After Property Transfer

Judgment Fully in Favor of the Plaintiff

사건 개요

Client Information: Individual / Plaintiff

Case Details: The client entered into a jeonse, or lump-sum deposit lease, for a residential property. After paying the deposit, the client moved into the property, completed resident registration, and obtained a fixed date stamp on the lease agreement.

The lease was later renewed once. However, even after the extended lease term expired, the original landlord failed to return the jeonse deposit.

The client obtained a tenant registration order and registered the leasehold interest on the property’s registry. The client then filed a jeonse deposit return lawsuit against the original landlord and obtained a favorable judgment.

During the proceedings, however, it was discovered that ownership of the property had been transferred to a family member of the original landlord.

The client retained Decent Law Office to pursue the return of the jeonse deposit from the current owner.

디센트 전략

Decent Law Office reviewed the original lease agreement, the renewal agreement, resident registration records, and the fixed date documentation to establish when the lease ended and whether the client had acquired enforceable rights against third parties.

We then reviewed the tenant registration order and the property registry to confirm that ownership had been transferred after the tenant’s rights had already been registered and to identify the current owner.

Under Korea’s Housing Lease Protection Act, when a residential property occupied by a tenant with enforceable rights is transferred, the new owner generally succeeds to the legal position of the landlord.

Based on this principle, Decent Law Office structured the claim around the current owner’s obligation to assume the landlord’s duty to return the deposit and sought repayment of the full jeonse deposit from the new owner.

결과 및 의의

"Judgment Fully in Favor of the Plaintiff"

1. New Owner’s Obligation to Return the Deposit

The client had taken possession of the property and completed resident registration, thereby securing enforceable tenant rights.

As a result, when ownership of the property was transferred, the new owner succeeded to the legal position of the landlord, including the obligation to return the jeonse deposit.

2. Confirmation of the Tenant Registration and Ownership Transfer

At the time ownership was transferred, the client’s tenant registration was already recorded on the property registry.

Decent Law Office used the tenant registration order and the property registry to establish the timing of the transfer and clarify the current owner’s legal responsibility.

3. Separate Claim Against the New Owner

Even where a tenant has already obtained a judgment against the original landlord, a separate claim against the current owner may be necessary if ownership changes during the proceedings.

By identifying the party responsible under the updated ownership structure and filing a new claim, Decent Law Office obtained a judgment fully in favor of the client against the new owner.