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A Study on the Unstable Factors of Return of Deposit in Lease (Jeonse) Contract and the Need for Real Estate Education - Focusing on Cases and Precedents -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(1), pp.271~296
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : January 30, 2025
  • Accepted : February 20, 2025
  • Published : February 28, 2025

Cho Jae Jin 1 Kwon, Kee Wook 1

1세명대학교

Accredited

ABSTRACT

Amid ongoing uncertainty regarding the normal return of deposits in lease agreements, there is a growing call for special laws, amendments to the Housing Lease Protection Act, and mandatory registration of lease rights to mitigate risks. Studies on "jeonse phobia" indicate that completely eliminating risks associated with jeonse is not feasible, as these risks are seen as a natural consequence of changes in the housing market. Housing leasing is crucial for the stability of citizens' housing, particularly for low-income individuals who often allocate a significant portion of their income to improve their housing situation through monthly rent or jeonse. Even those who can afford to buy homes may choose leasing based on personal preferences. The primary risk in jeonse contracts, which are vital for housing stability, is the non-return of the jeonse deposit, causing ongoing anxiety among tenants. To address this, it is essential to thoroughly assess the landlord's financial situation, rental history, personal debts, litigation records, tax status, and relationships with real estate agents. These factors should be verified before signing a contract to ensure some level of safety regarding deposit returns. In case of disputes over deposit non-return, tenants must possess the legal and practical knowledge to respond effectively. This study aims to identify safe contracts that ensure deposit return obligations and to enhance legal preparedness through case law analysis. Additionally, it advocates for increased real estate education in high school and university curricula to minimize risks for tenants and promote a sound leasing market.

Citation status

* References for papers published after 2023 are currently being built.