CONTENTS
- 1. The Client's Situation
- - The Real Estate Law Firm Proposes Pursuing a Lawsuit to Confirm Rescission of the Contract
- - The Lawsuit to Confirm Rescission of a Contract, Explained by the Real Estate Law Firm
- 2. The Assistance Provided by the Real Estate Law Firm
- 3. With the Real Estate Law Firm's Assistance, Confirmation of Contract Rescission
1. The Client's Situation
The client who requested a consultation from a real estate law firm had entered into a construction contract with the defendant, the contractor.
The client paid all of the agreed construction amount, and additionally paid more than approximately 300 million won in additional construction costs.
However, even now, after the promised date has passed, the contractor has still not completed the construction, and had stopped work entirely, citing the attachment of funds and difficulty in purchasing materials.
Because of this, the client contacted the contractor several times in order to rescind the construction contract with the contractor that had failed to fulfill its contractual obligations.
However, the contractor denied its own fault and continued to demand additional construction costs, avoiding a response.
The client therefore ultimately wished to resolve the problem through legal action, and so requested a consultation from a real estate attorney.
The Real Estate Law Firm Proposes Pursuing a Lawsuit to Confirm Rescission of the Contract
After reviewing the client's case, the attorney at the real estate law firm noted that, even though the client had overpaid the construction payment, the contractor had not completed the construction and was in default.
The attorney therefore proposed to the client that they pursue a lawsuit to confirm the effect of the rescission of the construction contract.
The Lawsuit to Confirm Rescission of a Contract, Explained by the Real Estate Law Firm
A lawsuit to confirm rescission of a contract is a procedure for obtaining legal confirmation that the rescission of a contract between the contracting parties was validly effected.
Through this lawsuit, a party can resolve a dispute over the rescission of the contract and establish a legal basis for being released from the contractual relationship.
To determine whether the rescission of the contract was validly effected, the court comprehensively reviews the terms at the time of the conclusion of the contract, whether the contract was performed, any additional non-performance of obligations, and the like.
At this point, in order to prove the defendant's non-performance of its obligations, preparing and submitting key evidentiary materials is important.
It is necessary to prepare documents related to the conclusion of the contract and the payment of the amount, as well as photographs that can prove the state of the construction's progress, in order to prove the contractor's fault.
2. The Assistance Provided by the Real Estate Law Firm
In the lawsuit to confirm rescission of the contract, the real estate attorney at the real estate law firm provided the following assistance in order to prove that the client had clearly expressed an intention to rescind the contract and that the fault lay with the contractor.
Real Estate Attorney: Analyzing and Submitting the Contract and the Construction Payment Records
The real estate attorney carefully analyzed the terms of the contract concluded between the client and the contractor.
The attorney then submitted the contract and the payment receipts to prove that the client had paid all of the construction payment agreed at the time of the conclusion of the contract.
The real estate attorney also submitted as material the fact that the client had concluded the additional construction contract and paid all of the additional amount, arguing that the client had faithfully performed its contractual obligations.
Real Estate Attorney Proves the Defendant's Nonperformance by Submitting Photographs of the Construction Site
Using photographs of the construction site and a status report, the attorney explained that the construction had been left unattended.
The attorney also emphasized that even the completed portions were unusable due to water leakage and defects.
Through this, it was possible to prove that the contractor had failed to perform its contractual obligations.
3. With the Real Estate Law Firm's Assistance, Confirmation of Contract Rescission
As a result of the dedicated assistance provided by the attorney at the real estate law firm, the court granted all of the client's claims in the action for confirmation of contract rescission.
The Real Estate Attorney's Case Notes
In this case, the client wished to rescind a contract due to the contractor's unjustified demands for payment and its failure to perform the construction, and the client requested a consultation with a 🔗real estate attorney.
At Daeryun Law Firm, real estate attorneys form response teams of three to twenty members to develop litigation strategies.
If you are facing difficulties relating to a real estate contract as described above, please feel free to request a consultation through the 🔗legal consultation booking service and entrust your case to us.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
