[Anyang Real Estate Attorney Favorable Judgment] Return of the Down Payment Achieved Through the Anyang Real Estate Attorney's Assistance

The client who requested the Anyang real estate attorney's assistance entered into a membership contract with the regional housing association promotion committee, the defendant in this case.

The client entered into the contract trusting the condition that, until the association establishment was authorized, a membership contract holder could withdraw and receive a full 100% refund of the amounts paid.

The client paid a down payment of 90 million won in four installments.

However, as the defendant's project was delayed, time passed without the association establishment being authorized, and the client, unable to wait indefinitely, decided to terminate.

The client expressed the intent to terminate the contract and requested a full refund, but, facing a defendant who would not return the down payment, the client decided to file a lawsuit and requested the assistance of Daeryun's Anyang real estate attorney.

■ Disputes Over Termination/Rescission of a Contract

Civil Act, Article 543 (Right to Terminate or Rescind)

(1) Where one or both parties have the right to terminate or rescind a contract by virtue of the contract or by provision of statute, such termination or rescission shall be made by a declaration of intent to the other party.

(2) The declaration of intent under the preceding paragraph may not be withdrawn.

Civil Act, Article 544 (Default and Rescission)

If one of the parties does not perform the obligation, the other party may rescind the contract if performance is not made within a reasonable period after a demand for performance has been made fixing such period. However, no demand is required if the obligor has expressed in advance the intent not to perform.

Civil Act, Article 545 (Fixed-Date Acts and Rescission)

Where, by the nature of the contract or by the declaration of intent of the parties, the purpose of the contract cannot be attained unless performance is made within a specified time or a specified period, and one of the parties does not perform at that time, the other party may rescind the contract without making the demand referred to in the preceding Article.

Civil Act, Article 548 (Effect of Rescission, Duty to Restore to the Original State)

(1) Where one of the parties has rescinded a contract, each party has a duty to restore the other party to the original state. However, this may not prejudice the rights of a third party.

(2) In the case of the preceding paragraph, interest shall be added to the money to be returned from the date it was received.

Civil Act, Article 741 (Content of Unjust Enrichment)

A person who obtains a benefit from the property or services of another without legal cause and thereby causes loss to the other shall return such benefit.

The regional housing association membership contract states that, until the association establishment is authorized, a membership contract holder may withdraw and receive a full refund of the amounts paid.

Because the current situation is before the association establishment was authorized, the attorney argued that the defendant has a duty to return the full down payment under the contract.

As the defendant's project was delayed, the plaintiff submitted a request to withdraw the subscription, seeking the return of the full down payment.

In response, the defendant issued a receipt for the request to withdraw the subscription.

However, the attorney argued that the defendant had still not returned any of the down payment even now, several months later.

The case above was that of a client who obtained a favorable judgment with the assistance of the Anyang real estate attorney in a lawsuit against a regional housing association committee to recover a down payment.

In a down payment return lawsuit, it is important to prove that a contract was formed between the plaintiff and the defendant.

At Daeryun Law Firm, an attorney who has handled many contract-related lawsuits takes charge of the client's case and works toward a favorable judgment.

If you are facing difficulties in a situation like the case above, you may reach out for the help of Daeryun Law Firm's Anyang real estate attorney.