“Recently, I received a notification from the seller that the real estate sales contract was unilaterally canceled. Even if the house price rose 200 million won and asked for twice the down payment, it is profitable to destroy it. There was no change in the down payment stage, and the intermediate payment was paid. I’m so embarrassed. What should I do now?”
There is a fierce battle between the parties to real estate transactions due to soaring house prices. Buyers’ sighs are deepening as landlords who break the contract by vomiting not only the down payment but also the intermediate payment have appeared.
These days, the phenomenon of panic buying (panic buying) continues with overheating, such as soaring more than 100 million to 200 million won in house prices in a short period of time. As buyers gathered up loans to buy the so-called’young-cle’, there are cases of unilateral contract breach due to the seller’s remorse.
Buyers who have experienced such an experience complain that the time and mental shock are considerable. This is because, unlike double compensation, which ends when the seller doubles the down payment, the contract cancellation problem that occurs after the buyer pays the intermediate payment is not simple.
That doesn’t mean there is no solution.
If the seller unilaterally terminates the contract after the buyer has paid the interim payment, the buyer can find the right by proceeding with the title transfer registration lawsuit and the name lawsuit procedure.
Eom Jeong-sook, a lawyer at the Lawyer General Law Firm, said, “If the seller unilaterally terminates the contract after the buyer pays the intermediate payment, it is possible to deal with a’proprietary transfer registration lawsuit’.” He said, “You can proceed with a lawsuit while taking a temporary injunction.”
The key point here is to prove that the contract was already in progress. E-mails, text messages, SNS messages, and call recordings exchanged during the contract process, including contracts, can be used as data.
If the buyer does not hand over the right to the real estate even though the buyer wins the title transfer registration lawsuit, a `brightness lawsuit` can be used.
Attorney Eom advised, “If the buyer proves that the contract of sale is valid, but the seller directly resides and does not fulfill the contract, the lawsuit for the name of the building can also be conducted at the same time.”
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