Ulsan civil attorney wins lawsuit for return of sale price worth 3 billion won

[Seoul Economy] Last year, a lawsuit was held at the Changwon District Court for the return of the sale price of a real estate sales contract concluded for 3.3 billion won.

The plaintiff (buyer), who engages in power generation projects such as solar power and new and renewable energy, signed a contract with the defendant (seller) to sell land in Seongju-gun, Gyeongsangbuk-do for 3.3 billion won in August 2017. It was a conditional contract with the following prerequisites: ‘Receive a solar power generation business permit from the Ministry of Trade, Industry and Energy’ and ‘If a power generation permit is not obtained, the seller will immediately return the entire deposit and down payment to the buyer.’

The plaintiff expected that the defendant would make active efforts to resolve complaints surrounding the development permit as stated in the special contract, but the seller did not make efforts to obtain consent from the local government and residents of nearby areas, so the plaintiff's application for a development permit was rejected and the sales contract was terminated.

However, the seller did not return the purchase price even after 6 months, and the buyer took all legal measures to obtain the return of the purchase price with the assistance of a civil attorney.

A civil lawyer from Daeryun Law Firm in charge of the case said, “At the same time as filing a lawsuit for the return of the sale price, we filed a request for provisional seizure of the bonds and real estate, and the court also accepted all of them.” He continued, “The sales contract is the most important evidence and the starting point for resolving all problems,” and “In the case of the plaintiff, with the assistance of Daeryun Law Firm in advance, we drafted special provisions at the time of contract, so we were able to compensate for damages in case of an emergency.”

Civil lawyer Daeryun Dae-ryun advised, "In real estate transactions, contracts prepared by real estate agents are often used. In order to prevent any disputes, it is important to carefully review all details in the contract and make sure to write down any verbally agreed upon items and specify them as special terms."

Meanwhile, Daeryun Law Firm's corporate legal team, which includes civil attorneys, provides comprehensive corporate legal solutions that reduce the possibility of legal disputes by reviewing contracts and official documents through regular consultation with corporate clients and prevent cases that develop into lawsuits.

/Reporter Kim Dong-ho dongho@sedaily.com

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