[Jeonse Living ABC] Lawsuit Response to Non-Return of Jeonse Deposit... 'Self' Possible Using Electronic Litigation

Editor's NoteThe so-called 'Villa King' has caused a surge in jeonse fraud victims, increasing tenants' anxiety. However, the jeonse system remains one of the main lease contracts in Korea. Asia Economy delivers practical legal knowledge and information that tenants should realistically know while living under jeonse through a series called 'Jeonse Living ABC' with attorney Koo Min-su (NH Investment & Securities Real Estate Asset Management).

#Tenant A is currently troubled because the landlord has cut off contact despite the expiration of the jeonse contract period. A waited, trusting the landlord's request to wait until a new tenant moves in, but the landlord eventually stopped responding. A sent a certified letter demanding the deposit be returned on time and registered a leasehold right, but the landlord remains silent. What should A do in this case?

Attorney Koo Min-su advises that in such cases, it is necessary to respond by filing a lawsuit to claim the return of the lease deposit. If the landlord refuses to return the jeonse deposit, the tenant can dispose of the landlord's assets through compulsory execution. Generally, lawsuits for non-return of lease deposits clearly show the landlord's fault, so tenants are likely to win the case. Moreover, if the case goes to court, the ruling will include payment of statutory interest (12% per annum) for the delayed return period, which benefits the tenant.

Especially for tenants hesitant to sue due to costs, using electronic litigation is an option to respond directly. The court's electronic litigation website allows users to easily draft and submit complaints even without legal terminology knowledge. Lease deposit return lawsuits are subject to some provisions of the Small Claims Procedure Act, so the process is faster than other civil cases, and typically only one hearing is held, minimizing time spent. Unlike other civil lawsuits, spouses and direct family members can represent the party without court permission, which is another advantage.

You can draft and submit a complaint directly using the electronic litigation system.
[Photo by Court Electronic Litigation Website]

First, access the electronic litigation website, select the type of lawsuit, and fill in the blanks according to the form. In this case, the lawsuit type is 'Claim for Return of Lease Deposit.' For party input, the plaintiff is the tenant, and the defendant is the landlord, with their names entered accordingly. Next, enter the claim purpose, which simply means requesting the return of the jeonse deposit and interest. For example, write: 'The defendant shall pay the plaintiff 100 million KRW and interest calculated at 5% per annum from April 4, 2023, the date the copy of this complaint was served, until that day, and 12% per annum from the following day until full repayment.'

Then, enter the grounds for the claim. This is the reason why the plaintiff is filing the lawsuit. In this case, write in chronological order according to the five Ws and one H: 'On February 1, 2021, the plaintiff and defendant entered into a jeonse contract for the property (address specified) with a deposit of 100 million KRW,' 'The defendant moved in on March 1, 2021, and paid the deposit, and the contract ended on March 1, 2023, but the defendant has not returned the deposit.'

Finally, upload supporting documents such as the lease contract, payment records, and a copy of the certified letter written by the tenant under the evidence section to complete the filing. When entering the lease deposit amount, the claim amount, stamp duty, and delivery fee are automatically calculated, and payment can be made via virtual account, bank transfer, or credit card. After payment, submit the complaint electronically without the hassle of visiting the court or mailing documents.

It is not required to fill in the grounds for the claim or evidence perfectly; any deficiencies can be supplemented through the court's correction order. Of course, it is also advisable to check for any missing parts through paid or free attorney consultations before submitting the complaint.