Kim & Hyun · Main website ↗Real estate & construction한국어

REAL ESTATE & CONSTRUCTION / SEOUL

Lease deposit recovery

Check termination, the tenant’s protected position and the landlord’s available assets in that order. If you must move before repayment, consider whether a leasehold registration order is needed and when registration is completed.

Termination and protection are separate

Review renewal and the timing and receipt of termination notices. Then check possession, resident registration and the fixed-date record. The end of the lease does not automatically recover the deposit.

Assess recovery before starting proceedings

Review title, prior-ranking rights, attachment or auction proceedings, other assets and any deposit guarantee. A favorable judgment may still be difficult to enforce if available assets are insufficient.

Select the procedures that address the problem

A formal demand, leasehold registration order, provisional attachment, payment order, lawsuit and enforcement each have a different purpose. Choose the sequence by reference to the facts and costs.

Plan the move with the registration status in view

Moving out or handing back the premises can affect rights. Where a leasehold registration order is needed, confirm completion of the registration before changing the relevant conditions.

Questions clients ask

Is a formal demand an enforcement title?

No. It records the demand and timing; additional proceedings may be needed for enforcement.

Must I sue while the property is at auction?

It depends on distribution prospects, protected rights, guarantees and other assets.

Can I move before repayment?

Review how moving affects your rights and whether leasehold registration must first be completed.

What happens when you contact us?

  1. Initial consultation. Explain your concern, deadlines and desired outcome.
  2. Document review. We identify the records available and the facts requiring proof.
  3. Strategy and engagement. Confirm the scope, responsible lawyer, initial fee, any applicable success fee and separate expenses before proceeding.
  4. Applications and submissions. Prepare the agreed documents and explain what each seeks to achieve.
  5. Hearings and responses. Review new evidence and the other party’s position as the matter progresses.
  6. Outcome and next steps. Explain the decision, any appeal deadline and whether enforcement or further action is needed.

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Start with the documents and the next deadline.

Tell us whether the immediate concern is the site, assets or an investigation.

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