
Legal Q&A
Q
Views8,668
I run a small self-employed business. However, I intend to move my shop in order to change my line of business. Although the lease term has expired, I am unable to get my deposit back on the ground that a new tenant has not been found. If I file a lawsuit for the return of a deposit, can I recover all of it? What should I do to recover the deposit?
lawsuit for the return of a deposit
Answer
Published:
Author : Byung Joon KOH
Hello. We will provide guidance regarding a lawsuit for the return of a deposit.
Although we cannot know your situation in detail, if you have not received your deposit even though the lease contract has expired, in most cases you can recover it through a lawsuit for the return of a deposit.
However, depending on whether the tenant has secured a preferential right to reimbursement, the details may vary slightly.
A preferential right to reimbursement arises when the tenant meets several requirements, and it is the right to be reimbursed the deposit in preference to the lessor's creditors.
A preferential right to reimbursement is acquired when, after taking delivery of the building, the tenant applies for business registration to obtain opposing power and obtains a fixed date on the lease contract.
However, even if you hold a preferential right to reimbursement, when you file a lawsuit for the return of a deposit, detailed pleadings and evidence operate in a complex manner, so an appropriate response is important.
In particular, because resolution through a lawsuit takes cost and time, it is important to judge well depending on the situation.
If you would like detailed guidance regarding a lawsuit for the return of a deposit, we recommend that you seek the advice of an attorney.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ client requests per month
* 2026년 1월 변호사협회 경유증표 발급 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

JungKyu Park
T. 070-7510-2014
Experience as Head of the Chungju Branch of the Cheongju District Court (Criminal Panel) · Construction/Drunk-Driving Traffic/Civil/Medical Law Attorney
Key Case Results
MoreFull Return of the Deposit for a Client in a Jeonse Fraud Case
Full Return of a Lease Deposit Achieved With the Assistance of a Jeonju Real Estate Attorney
Full Return of the Lease Deposit Achieved Through the Assistance of an Incheon Real Estate Specialist Attorney
Full Return of the Deposit in a Claim for Return of the Deposit With the Help of a Jeonju Real Estate Attorney
Related Practice Areas
MoreAll fields At a glance
1/0