“It’s a shame to transfer ownership after receiving money”… Buyer wins case for return of land sale price

The transfer of ownership was postponed every day and special contracts were not followed.
Payment not settled after cancellation of sales contract
Plaintiff: “In addition to the sale price, there is liability for damages such as interest on delay.”

The court ruled that the seller who failed to comply with the obligation to register the transfer of ownership after concluding a land sale contract is responsible for not only returning the money but also compensating for damages.

The Chuncheon District Court Civil Division 5 announced on the 10th that it ruled in favor of the plaintiff in the lawsuit for return of sale price filed by land buyer A against seller B.

Mr. A requested 50 million won in sales price and interest for delay, and the court accepted all of them.

Previously, Mr. A was recommended to purchase land by his acquaintance Mr. B in August 2019.

Mr. B, who owned some land in Gangwon-do, offered to sell 500 pyeong of the land to Mr. A for 50 million won.

Afterwards, they entered into a contract including special clauses in the contract, and Mr. A paid the balance and completed the contract.

However, after the contract was finalized, Mr. B delayed registering the transfer of ownership for several years.

In addition, the special condition that the sale object be changed to another nearby land if fulfillment of the land for sale was not possible was also not observed.

Accordingly, Mr. A notified the cancellation of the contract in April last year and requested a return of the payment.

However, Mr. B did not comply with the request, and Mr. A eventually filed a lawsuit for the return of the sale price.

Mr. A claimed, "We suffered for a long time due to Mr. B's failure to fulfill the terms of the original contract. We tried to resolve the contract issue by sending various proofs of contents, but even this failed because Mr. B did not comply."

The court ruled that Mr. B should pay the sale price and delay damages.

The court ruled that “the defendant has an obligation to fulfill the contract made with the plaintiff,” and that “it is difficult to say that the defendant had a justifiable reason for failing to do so.”

Attorney Shin Dong-hoon of Daeryun Law Firm, who is the legal representative of Mr. A, pointed out, "Prior to the main lawsuit, we issued a notice of contract performance and cancellation through proof of contents, but Mr. B took no action," and added, "Even though the payment deadline arrived, he did not pay the debt, which ultimately led to this lawsuit."

He explained, "After proving Mr. A's damages due to Mr. B's illegal actions, we were able to receive compensation of 50 million won in principal, delayed damages, and litigation costs."

Reporter Ko Young-min (youngman@ikbc.co.kr)

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"Transferring ownership after receiving money is a waste of money"... Buyer 'wins' case for return of land sale price (Shortcut)