Cheongchul Law Firm (Attorney in charge: Bae Gi-hyung, Lee Young-gyeong) represented a buyer who discovered illegal construction on the balcony of an apartment after purchasing it, leading to a first-instance ruling that nullified the sales contract and ordered the return of the sale price. In the subsequent second-instance process, by obtaining a mediation decision that allowed the seller to overcome their financial difficulties, we promoted the client's practical interests.

The client purchased and moved into an apartment in Seoul, but severe water leaks occurred afterwards. During the process of identifying the cause of the leaks, the client discovered that the balcony part of the apartment had been illegally constructed, and that the leaks were caused by this illegal construction.

Cheongchul Law Firm, representing the client from the first instance, succeeded in obtaining a ruling for a complete victory, nullifying the sales contract and securing a full refund of the sale price. However, the seller appealed the first-instance ruling, claiming that they were elderly and did not have the financial means to refund the sale price, bringing up new concerns about practical enforceability.

To secure the client's practical interests, it was necessary to resolve the issue of practical enforceability.

Accordingly, Cheongchul Law Firm comprehensively considered the provisional enforcement method of the first-instance ruling, verification of the flow of disbursed sale money, the possibility of canceling fraudulent transactions, and the possibility of evading enforcement, and presented such arguments during the appeal trial process.

As a result, Cheongchul Law Firm facilitated securing a practical enforcement basis by having family members of the seller participate in mediation, ensuring that they would jointly provide compensation corresponding to the illegal construction, while not nullifying the sales contract.

Civil disputes are only meaningful if both the litigation and execution stages succeed.

In this case, the issue of 'termination of contract based on warranty liability' had a relatively low acceptance rate, yet Cheongchul Law Firm achieved a complete victory based on meticulous factual analysis.

Meanwhile, at the appeal stage, to solve the issue of practical enforceability, we brought in a third party with sufficient financial capacity to facilitate the realization of benefits from the winning ruling.

Cheongchul Law Firm keeps in mind the motto of 'from start to finish' and 'practical solutions' while strategizing for each case. This case is a prime example of that philosophy being concretely realized.

If you need a clear solution for disputes similar to this case, please feel free to contact Cheongchul Law Firm.