CONTENTS
- 1. Chuncheon Attorney | Circumstances of the Case
- 2. Chuncheon Attorney | The Chuncheon Civil Attorney's Analysis of the Case
- 3. Chuncheon Attorney | Details of the Assistance
- 4. Chuncheon Attorney | Chuncheon Civil Attorney Assistance Results in Full Acceptance of the Claim for Return of the Purchase Price
1. Chuncheon Attorney | Circumstances of the Case
The attorney analyzed the circumstances of the case on the basis of the real estate sales contract entered into between the client and the defendant.
The Account of the Client in the Return of the Purchase Price Case
The client entered into a contract to purchase 400 pyeong of land located on Jeju Island for 60 million won and paid the full purchase price, but the defendant was not completing the registration of ownership transfer.
The defendant promised to complete the registration of ownership transfer several times but did not keep that promise, so the client came to demand the return of the purchase price.
With the assistance of the Chuncheon attorney, the client was able to recover the full purchase price.
The Chuncheon civil attorney thoroughly pursued the legal procedures through a civil suit, helping the client escape an unjust situation and protect the client's rights.
Proceeding With the Real Estate Sale
The client and the defendant entered into a contract for the sale of 400 pyeong of land located on Jeju Island and paid a purchase price of about 60 million won.
The contract included a provision that the defendant would complete the registration of ownership transfer of the land, but the defendant remained in a state of nonperformance, and although performance was demanded several times, the matter was not resolved.
Demand for Return of the Purchase Price
When the defendant did not complete the registration of ownership transfer, the client began to demand the return of the purchase price.
At first, the client urged the return through negotiation and a certified letter of content, but the defendant ignored this and did not perform.
In the end, with the help of the Chuncheon civil attorney, the client came to file a suit claiming return of the purchase price through legal procedures.
2. Chuncheon Attorney | The Chuncheon Civil Attorney's Analysis of the Case
The issues in this case and the related legal principles analyzed by the Chuncheon attorney were as follows.
What Are the Issues in the Return of the Purchase Price Case?
Attorney, what are the issues in this case?
Attorney: Yes, the key issue in this case is that the defendant did not perform the contractual obligation of registering the ownership transfer. On this basis, the client was in a position to demand rescission of the contract and return of the purchase price. In addition, whether the nonperformance of a principal obligation in a sales contract constitutes a legitimate ground for rescission of the contract was also an important issue.
Attorney, then how can the contract be rescinded and the purchase price returned?
Attorney: Yes, the client should make a declaration of intent to rescind the contract to the defendant and seek a voluntary return. If the defendant ultimately does not return the price voluntarily, however, the client must go through a suit claiming return of the purchase price and submit the contract, the account transfer records, the certified letter of content, and the like as evidence to prove the grounds for rescission of the contract. In particular, the client must prove the defendant's breach of contract, the resulting legitimacy of the rescission, and the breach of the obligation to return the purchase price in order to recover the full amount.
Review of the Legal Principles Related to the Return of the Purchase Price
The legal principles concerning rescission of a contract in a suit claiming the purchase price are set out in Articles 544 to 546 of the Civil Act.
Article 545 of the Civil Act (Fixed-Date Acts and Rescission): Where, by the nature of the contract or the declaration of intent of the parties, the purpose of the contract cannot be achieved unless performance is made within a certain date or 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.
Article 546 of the Civil Act (Impossibility of Performance and Rescission): If performance has become impossible for a cause attributable to the obligor, the obligee may rescind the contract.
On these legal grounds, the client is able to file a suit claiming return of the purchase price and recover the amount.
This involves recovering the purchase price after a real estate sales contract, and it may be requested where there is a clear defect in the real estate sales contract and the contract is canceled or void.
Ordinarily, because a real estate purchase price is usually a large sum, it is paid in installments rather than at once, but an advantage of the return of the purchase price is that all of the real estate purchase price paid to date may be requested back.
It is therefore recommended to obtain a legal consultation with a Daeryun real estate attorney and receive a specific assessment of the grounds on which the return of the purchase price arises.
3. Chuncheon Attorney | Details of the Assistance
In order to assist the client, the Chuncheon attorney argued as follows at trial.
Failure to Complete Ownership Transfer Registration and Rescission of Contract
The client was in a position to rescind the contract because the defendant had repeatedly delayed without completing the ownership transfer registration.
Accordingly, the attorney emphasized that the client was suffering severe emotional and financial harm.
Disregard of a Certified Content Notice
The client explained that he had sent the defendant a certified content notice demanding the return of the purchase price, but the defendant ignored it and did not comply.
The attorney explained that, because the defendant's disregard left the client unable to expect any voluntary resolution, a lawsuit seeking the return of the purchase price was filed.
4. Chuncheon Attorney | Chuncheon Civil Attorney Assistance Results in Full Acceptance of the Claim for Return of the Purchase Price
Accepting the attorney's argument, the court ruled that the defendant must return the full purchase price.
The court also found that the defendant had failed to perform the contractual obligations and that the client's demand for return after rescinding the contract was legally justified.
As a result, the court issued a judgment ordering the defendant to return 60 million won to the client and to pay interest on the returned amount as well.
The attorney effectively protected the client's rights and secured the return of the full purchase price through the lawsuit.
As shown here, Daeryun Law Firm provides comprehensive legal services covering matters such as loans, construction and material costs, recovery of investments, unjust enrichment, and the repayment and return of lease deposits, as well as debt collection, ranging from out-of-court settlements to civil and criminal issues.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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