보증금 미반환 대처

1. ·Opposing power (대항력) arises when you move in AND complete 전입신고 — your lease then binds even a new owner who buys the property.
2. ·A fixed-date stamp (확정일자) on your contract gives you a priority repayment right (우선변제권): if the home is auctioned, you are repaid from the proceeds before creditors ranked after you.
3. ·When the lease ends and you return possession, the landlord must return the deposit; these are simultaneous obligations, so you may refuse to hand over the keys until paid.
4. ·If the landlord will not pay, you can obtain a lease registration order (임차권등기명령) from the district court. Once registered, you keep 대항력/우선변제권 even after moving out and changing your address.
5. ·For small deposits under regional thresholds, a portion may qualify as “most-priority” repayment (최우선변제) even ahead of earlier mortgages.

1. ·A valid residential lease.
2. ·You have returned, or are ready to return, possession of the home.
3. ·Ideally you completed 전입신고 and got 확정일자 at the start.

1. 1Do NOT cancel 전입신고 or move your address out until the deposit is paid — this preserves your priority.
2. 2Send the landlord a formal written demand (내용증명) stating the amount and a deadline.
3. 3If still unpaid, apply for a lease registration order (임차권등기명령) at the district court; after it is registered you can move out safely.
4. 4File a payment order (지급명령) or small-claims suit for the deposit, using your 확정일자 priority.
5. 5If the property is auctioned, submit your claim to be repaid by priority.
6. 6Get free help from the Korea Legal Aid Corporation (대한법률구조공단, call 132).

District Court (지방법원) for 임차권등기명령/지급명령; Korea Legal Aid Corporation (대한법률구조공단, 132) for free assistance.

1. ·Moving out and cancelling 전입신고 before getting the deposit — this loses 대항력 and priority.
2. ·Never getting a 확정일자 stamp.
3. ·Relying on the landlord’s verbal promise instead of a written demand.