PRACTICE AREASLaw Firm Yulmaru

Deposit Recovery

Getting your jeonse deposit back in Busan: register before you move

If your jeonse deposit is not returned, end the lease clearly by notice, then use a lease registration order, a payment order or lawsuit, and compulsory execution. If you must move first, leave only after lease registration under Housing Lease Protection Act, Article 3-3 is complete, to keep your priority rights.

If your deposit is unpaid, the order of moving out matters

A lease does not end automatically when the term passes. Keep evidence of your notice that you will not renew, and if you must move first, leave only after confirming that the lease registration has been entered.

"There is no new tenant yet" is not a reason to delay repayment. We carry the case through a payment order or lawsuit, provisional attachment, and compulsory execution, and a Law Firm Yulmaru attorney handles it personally from the start.

To consult in Changwon or Seoul: Changwon Office · Seoul Office

    CASE.1

    Termination notice

    Tell the landlord at least 2 months before expiry that you will not renew, and keep proof that it was received.

    CASE.2

    Lease registration order

    Move out only after confirming the registration appears on the registry certificate, so your opposability is preserved.

    CASE.3

    Payment order or return lawsuit

    If the amount is undisputed, use a payment order; if the deductions are disputed, go to a lawsuit.

    CASE.4

    Compulsory execution and auction

    With a judgment, seize the landlord's assets; you can apply to auction the house you live in without vacating it first.

    How your case proceeds

    Contract review

    We check the end date and senior rights

    Notice and registration

    We complete the termination notice and lease registration

    Return claim

    We file a payment order or a return lawsuit

    Compulsory execution

    We seize the landlord's assets and put them to auction

    What to do first in your situation

    Current situation First step
    More than 2 months remain before expiry Give notice that you will not renew and keep proof of receipt
    Expiry passed without notice and the lease renewed Give notice of termination; the lease ends 3 months later
    The lease has ended but you must move Apply for a lease registration order and move only after confirming registration
    The landlord avoids contact or may dispose of assets Apply for provisional attachment of the landlord's assets
    The house has gone to auction Check the deadline for demanding distribution and your ranking, then file a demand for distribution

    Basis: Housing Lease Protection Act, Articles 6, 6-2, and 3-3

    Deposit Recovery Frequently Asked Questions

    QMy jeonse is about to expire and the landlord will not answer. What do I do first?
    A

    The first step a busan jeonse deposit lawyer takes is to send notice, at least 2 months before expiry, that you will not renew, by certified letter and text so that delivery is on record (Housing Lease Protection Act, Article 6(1)). Without notice, the lease is treated as renewed for 2 years on the same terms. If the deposit is still not returned after expiry, proceed with a lease registration order, a payment order or return lawsuit, and provisional attachment.

    QI have not received my deposit, but my moving date is set. Can I transfer my resident registration out?
    A

    Move your registration out only after confirming the lease registration is entered on the registry certificate. Once the lease registration is complete, you keep the opposability and priority repayment right you already had even if you later move your registration or vacate (Housing Lease Protection Act, Article 3-3(5)). You can claim the registration costs from the landlord (the same Article, paragraph 8).

    QThe house I live in has gone to auction. Can I get my jeonse money?
    A

    A tenant with move-in registration, delivery, and a fixed date stamp is repaid from the auction proceeds ahead of junior right holders (Housing Lease Protection Act, Article 3-2(2)). If the deposit is small, a set portion can be paid even ahead of senior mortgage holders (the same Act, Article 8), and the Enforcement Decree sets that range by region. You must file a demand for distribution before the deadline, so check the dates on the court notice first.

    QI won a judgment but the landlord says there is no money. Can I auction the house I live in?
    A

    Yes. When you apply to auction the leased house on an enforceable title such as a deposit return judgment, the auction can start without you vacating first (Housing Lease Protection Act, Article 3-2(1)), but to receive the distribution you must deliver the house to the buyer (the same Article, paragraph 3). We also consider execution against the landlord's other real estate or bank deposits.

    QIn a deposit return lawsuit, the landlord wants to deduct restoration costs. How can my busan jeonse deposit lawyer contest that?
    A

    The landlord who wants to deduct must prove that the damage is the tenant's responsibility and how much it costs. It is generally held that a tenant need not restore ordinary wear from normal use, so photos at move-in and move-out and the special terms in the contract become the evidence. That is why undisputed amounts go to a payment order and disputed deductions go to a lawsuit.

    QThis looks like jeonse fraud. Should I also file a criminal complaint?
    A

    A criminal complaint alone will not bring the deposit back. If the landlord signed the lease with no ability or intent to repay from the start, a fraud complaint can be considered, but civil steps such as lease registration, a return lawsuit, and auction must run alongside it. If you are designated a jeonse fraud victim, we also check whether you qualify for support under the Special Act on Support for Victims of Jeonse Fraud and Housing Stability.

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