CONTENTS
- 1. The Client Who Sought Assistance with Evidence Collection
- - Evidence Collection: What Are the Methods for Responding Alone?
- 2. The Assistance Provided for Evidence Collection
- - Evidence Investigation Center: On-Site Investigation and Confirmation of the Facts
- - Evidence Investigation Center: Analysis of the Certified Copy of the Register and Provisional Registration Details
- - Evidence Investigation Center: Support in Securing Call Recordings and Messenger Records
- - Evidence Investigation Center: Representation in Sending a Certified Content Notice
- 3. Result of the Evidence Collection: Return of the Down Payment Obtained
1. The Client Who Sought Assistance with Evidence Collection
This is the account of a client who requested assistance with evidence collection.
The client entered into a real estate sale contract introduced by an acquaintance.
The seller, B, explained that the real estate had no defects whatsoever and was a property with complete ownership free of any third-party claims, and the client, who believed this as stated, paid a down payment of 50 million won and entered into the sale contract.
However, the client later learned that the real estate was already in a provisional registration dispute with a third party.
The seller, B, had also entered into the same sale contract with a third party, and as a result, the client was in effect unable to have ownership of the real estate transferred to him.
The seller, B, had concealed this and entered into the contract with the client on the basis of false facts, and when the client sought to rescind the contract, B asserted that this was unfair and refused to return the payment.
The client came to the Daeryun evidence investigation center feeling at a loss.
This was because objective evidence was needed to prove the seller's false statements and the actual dispute status of the real estate.
The client wished to rescind the contract and to recover the down payment in full.
Evidence Collection: What Are the Methods for Responding Alone?
In the case of wishing to rescind a real estate 🔗contract rescission based on false facts in this way, a mere assertion that the other party told a lie cannot win a legal dispute.
The requirements set out in the Civil Act must be satisfied, and the burden of proving this lies with the client.
| 1. Reviewing public records such as the real estate register and the land cadastre 2. Gathering materials to substantiate the seller's statements before and after the contract 3. On-site verification and photography 4. Sending a certified content document 5. Securing additional evidence in preparation for a dispute |
In practice, however, there are many aspects of the above process that are difficult for an individual to carry out entirely on their own.
For example, if there is a lack of specific circumstances to prove the other party's false statement, materials to establish a breach of the duty of explanation before and after the contract, or objective verification of the on-site situation, the down payment may not be recovered.
Accordingly, while you may refer to the above procedures, it is advisable to obtain the help of an expert to carry out professional evidence gathering and establish a legal strategy.
2. The Assistance Provided for Evidence Collection
The firm provided assistance with the rescission of the real estate contract through evidence gathering.
Evidence Investigation Center: On-Site Investigation and Confirmation of the Facts
The evidence investigation center visited the real estate site in person and investigated the possession and use status of the third-party provisional registration holder.
Through interviews with persons involved at the site and photographic and video materials, the center secured circumstances showing that the seller had already expressed an intention to transact with a third party and had pursued a contract.
Evidence Investigation Center: Analysis of the Certified Copy of the Register and Provisional Registration Details
By conducting a full review of public records such as the certified copy of the register of real estate and the land register, the facts that a third party's provisional registration existed and that the client, as the buyer, could not obtain the transfer of ownership were objectively organized.
Evidence Investigation Center: Support in Securing Call Recordings and Messenger Records
A recording file in which the seller made statements differing from the explanation given before the contract, and the contents of messenger conversations, were organized and preserved together with the client and secured as evidence.
Evidence Investigation Center: Representation in Sending a Certified Content Notice
The examination of evidence center, together with the Daeryun attorney, promptly sent, based on the results of the examination of evidence, a 🔗certified content statement to the seller containing a notice of intent to rescind the contract and a claim for return of the down payment.
In this process, the client's legal arguments were systematically organized and a subsequent lawsuit was prepared.
3. Result of the Evidence Collection: Return of the Down Payment Obtained
As a result of the assistance of the evidence investigation center and an attorney for the collection of evidence, the client was able to obtain a full refund of the 50 million won down payment that had been paid.
As in the above case, where a contract was concluded based on false facts, in order to recover a down payment paid as a result, specific and objective evidence that can prove the other party's false statements is necessary.
Without the collection of evidence, one cannot properly assert one's rights and may be unable to recover the down payment.
If you are facing concerns over a real estate contract dispute, it is best to find a law firm where you can receive a coordinated response from a professional 🔗evidence investigation center and a professional attorney.
Daeryun LLC provides, through collaboration between attorneys who have experience with numerous cases related to real estate contract disputes and the firm's in-house evidence investigation center, the lawful collection of evidence needed for litigation together with legal services.
Daeryun, ranked the 9th largest law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), is a legal partner that provides one-team legal services led by highly experienced professional attorneys.
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.
