CONTENTS
- 1. The Client Who Visited the Gunsan Law Office
- - A Lawsuit for the Return of a Purchase Price, Explained by the Gunsan Law Office
- 2. Gunsan Law Office, Assistance to Recover the Purchase Price
- - Gunsan Law Office Argues That the Rescission of the Contract Was Lawful
- - Gunsan Law Office Argues the Defendant's Obligation to Return the Purchase Price
- 3. As a Result of the Gunsan Law Office's Assistance, Full Recovery of the Purchase Price and Interest
1. The Client Who Visited the Gunsan Law Office
The client who sought the help of the Gunsan law office had not received a purchase price of more than approximately 100 million won.
The client eventually decided to file a lawsuit to recover the amount and sought the help of the Gunsan law office.
An attorney at the Gunsan law office held a detailed consultation with the client and began preparing for the litigation.
A Lawsuit for the Return of a Purchase Price, Explained by the Gunsan Law Office
A lawsuit for the return of a purchase price refers to recovering the purchase price when a real estate sales contract is rescinded or void because of a defect in the contract.
If a contract becomes void, each party bears an obligation of 🔗return of unjust enrichment toward the other party.
When one party rescinds the contract, each party has an obligation to restore the other party to the original position.
In the case of this client, the contract was lawfully 🔗rescinded or terminated, yet the defendant did not return the purchase price the client had paid, which gave rise to the case.
The key issues in the case were proving the conclusion of the sales contract, evidence that the contract had been rescinded for a lawful reason, and evidence that the purchase price had not been returned.
2. Gunsan Law Office, Assistance to Recover the Purchase Price
To recover the client's purchase price, the Gunsan law office prepared the litigation with a strategy emphasizing that the sales contract had been rescinded for a lawful reason, and that the defendant therefore had an obligation to return the purchase price.
Gunsan Law Office Argues That the Rescission of the Contract Was Lawful
The client who sought the help of the Gunsan law office first paid a down payment of 100 million won under a sales contract for the real estate at issue with the defendant.
However, while reviewing the certified copy of the full registry for the real estate, the client learned that a provisional attachment had been placed on the property, making transfer of ownership difficult, and asked the defendant to resolve the matter.
However, the matter was not resolved for several months, and the defendant even drew up a written undertaking to provide security equivalent to the amount the plaintiff had paid if the provisional attachment was not released by a certain date.
However, the provisional attachment was ultimately not cancelled, and despite the client's demands there was no change at all for a year, so the client notified the defendant of the rescission of the sales contract through a certified letter of content.
Gunsan Law Office Argues the Defendant's Obligation to Return the Purchase Price
The attorney at the Gunsan law office argued that, under Article 548 of the Civil Act, the defendant had an obligation to pay the purchase price the client had paid, together with interest on each sum from the date it was received.
∙Civil Act Article 548 (Effect of Rescission, Obligation to Restore to Original State)
(1) When one party has rescinded a contract, each party has an obligation to restore the other party to the original position. However, this shall not prejudice the rights of third parties.
(2) In the case of the preceding paragraph, interest shall be added to the money to be returned, calculated from the date it was received.
3. As a Result of the Gunsan Law Office's Assistance, Full Recovery of the Purchase Price and Interest
As a result of the Gunsan law office's assistance, the client obtained a judgment ordering the return of the full purchase price along with the corresponding interest.
In a lawsuit for the return of a purchase price, the most important thing is to organize and submit evidence that can be recognized by the court in a systematic way.
Daeryun Law Firm forms a dedicated team of 3 to 20 members for the client alone in order to resolve even complex and demanding lawsuits quickly.
If you are preparing a lawsuit for the return of a purchase price in a situation like the one above, please visit the Daeryun Law Firm 🔗Gunsan Attorney law office.
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.
