[법무법인 심목 김예림 대표변호사] The real estate market froze. According to recent statistics, there are 60,000 unsold homes. In the case of Dunchon Jugong Reconstruction or Jangwi District 4 Redevelopment, which was sold in a general sale not long ago, 30 to 40% of the subscription winners abandoned the sales contract.
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As the housing market is sluggish, more and more cases are being asked if it is possible to cancel a pre-sale contract even if it has already expired. When the housing market was very good, they signed a sales contract for a high sales price, but as interest rates have recently risen and the housing market has declined, more buyers are feeling the burden of maintaining the sales contract.
However, once the sales contract has been completed, it is difficult to terminate the sales contract unless there are special circumstances. This is because when a contract is concluded based on the principle of private autonomy, the parties to the contract have an obligation to fulfill their obligations in accordance with the concluded contract.
However, if only the down payment has been paid, it is possible to abandon the down payment and terminate the contract of sale in accordance with the provisions of the Civil Act for the termination of the down payment. Even in this case, if only part of the down payment specified in the sales contract has been paid, cancellation can only be made when the remaining down payment remains unpaid’ r sales contract.
If you have already paid the interim payment, it will be more difficult to terminate the sales contract. If there is an agreement to terminate the sales contract between the seller and the sub-adopters, the contract is terminated in accordance with the intention of the parties to the contract. However, in a situation where it is difficult to find a new buyer as the housing market is stagnant, a buyer will rarely agree to terminate the contract.
If the seller does not agree to terminate the sales contract, it may be possible to terminate the sales contract if the seller does not fulfill its obligations under the sales contract. For example, if the seller fails to meet the scheduled move-in date, the contract can be terminated. In most sales contracts, an expected move-in date is specified, and if move-in is not completed within 3 months of the expected move-in date, the sales contract can be terminated. At this stage, if move-in has not been completed after 3 months from the expected move-in date, the right to terminate the contract of sale has already occurred to the sub-adopted person , so even if the buyer goes ahead with the move. -in the subsequent procedure, the sub-adopted person can cancel the sales contract.
In addition, there are cases where the seller delivers a house with defects to the subcontractor as it is to meet the expected move-in date, but the subcontractor can terminate the sales contract on the basis of a defect of such. However, at this stage, the defect must exist objectively and must be so serious that the contract of sale cannot be maintained.
As the housing market stagnates in the future, disputes over termination of pre-sale contracts are expected to increase. If you are considering canceling the sales contract, different circumstances need to be carefully considered to minimize losses.
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