Page title background (PC version)Page title background (mobile version)

Case Analysis / Legal Updates

Daeryun Law LLC, with expertise across practice areas,
provides analysis of court rulings and legal issues.

Commercial-Unit Sale Fraud | A Judgment Holding That a Sale Contract May Be Rescinded Where the Presence of a Pillar Was Not Disclosed When Selling a Commercial Unit

In a matter relating to commercial-unit sale fraud, a District Court issued a judgment holding that, where the presence of a pillar within a commercial unit was not disclosed, the buyer may rescind the sale contract or claim damages for breach of the duty to disclose.

CONTENTS
  • 1. Commercial-Unit Sale Fraud, What Were the Detailed Circumstances?
    • - Commercial-Unit Sale Fraud, What Is the Relevant Information?
  • 2. Commercial-Unit Sale Fraud, What Was the Court's Determination?
  • 3. Commercial-Unit Sale Fraud, Daeryun's Strategy

1. Commercial-Unit Sale Fraud, What Were the Detailed Circumstances?

In the matter relating to commercial-unit sale fraud, the plaintiffs who brought the lawsuit were people who had purchased, or been allocated through the sale, units in a mixed-use residential and commercial building in Incheon.

However, they later learned that there were pillars in the commercial units they had been allocated, and they filed suit against Company A and Company B, which had constructed the building and entrusted the sale business.

The plaintiffs argued that, at the time the sale contracts were concluded, Company A and Company B had not disclosed the presence of the pillars and the fact that this could create space whose use would be restricted.

In response, Company A contended, “At the time the sale contracts were concluded, we explained the presence of the pillars and the like to the plaintiffs through pamphlets, floor plans, and three-dimensional models.”

Commercial-Unit Sale Fraud, What Is the Relevant Information?

We will explain the duty to disclose that accompanies real estate transactions.

If a facility being sold is an important factor in deciding whether to enter into the real estate transaction, the seller must disclose information about it, and if the seller fails to fulfill this duty to disclose, the buyer may seek rescission of the sale contract or damages.

“Where, in a real estate transaction, it is clear under the rule of experience that the other party would not have entered into the transaction had it been informed of certain circumstances, the principle of good faith imposes a duty to inform the other party of such circumstances in advance, and the subject of such a duty to disclose may be recognized not only by direct provisions of statute but also broadly under the general principles of contract, custom, and reason.

Because a breach of the duty to disclose constitutes deception by omission, the plaintiff may rescind the sale contract on the ground of deception and seek the ‘return of the sale price,’ or, if the plaintiff does not wish to rescind the sale contract, may claim only the resulting ‘damages.’”

- See Supreme Court Judgment 2004 Da 48515

2. Commercial-Unit Sale Fraud, What Was the Court's Determination?

In the trial relating to commercial-unit sale fraud, the court rendered a judgment partially in favor of the plaintiffs on the plaintiffs' action for the return of the purchase price. It recognized Company A's breach of the duty to disclose.

As to the 9 plaintiffs who sought rescission of the sale contracts, the court ordered Company A to return the full sale price together with all delay interest; and as to the 4 plaintiffs who claimed damages, the court found a 10% comparative fault on the part of the buyers, who could have learned of the facts subject to the duty to disclose but failed to do so, and accordingly limited Company A's liability to 90%.

The court explained, “The commercial-building pamphlet and the model-house information board each contained floor plans, and the pillars were marked on the drawings with a ‘■,’ but there was no separate notation indicating that the mark signified a pillar,” and it determined that Company A and the others had not properly fulfilled the duty to disclose.

It also stated, “Where, in a real estate transaction, it is clear that the other party would not have entered into the transaction had it received disclosure of a particular circumstance, there is, under the principle of good faith, a duty to disclose such a circumstance to the other party in advance.”

3. Commercial-Unit Sale Fraud, Daeryun's Strategy

We have analyzed the District Court's judgment holding that, in a matter relating to commercial-unit sale fraud, where the presence of pillars and the like was not clearly disclosed, the buyer may rescind the sale contract or claim damages.

Among commercial-unit sale fraud lawsuits, the most frequently brought are breach-of-contract cases arising from a breach of the duty to disclose, such as the case above.

Even if a model was provided, if it was not properly realized and the buyers therefore did not receive sufficient information, this may serve as evidence of a breach of the duty to disclose. If the buyers suffered loss as a result, rescission of the sale contract or a 🔗action for return of the purchase price is possible.

The 🔗real estate attorneys of Daeryun Law Firm LLP draw on extensive experience across a range of real estate disputes, including construction, lease, and ownership matters, and work to protect the rights and interests of their clients.

If you are facing difficulties relating to commercial-unit sale fraud, you are welcome to request a legal consultation at any time.

Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Related Information
Quick Menu

KakaoTalk