Background
Our client purchased several retail units in a new building from a redevelopment (regeneration promotion) association. The units turned out to differ from what had been expected at the time of purchase — structural columns sat inside them, among other things — causing loss to their usability and value. Changchun represented the purchasing client (the plaintiff) in a damages claim against the association.
The Issue — Is the Gap Between What Was Sold and What Was Delivered a Recoverable Loss?
The key questions were whether the difference between the units as presented at the time of sale and their actual condition on delivery amounted to loss the association must compensate, and how that loss was to be quantified.
How Changchun Helped
Changchun (attorney Jaeyoon Jung) compared the terms of the pre-sale contract with the units' actual condition (the presence of the columns and the like) to prove our client's loss in concrete terms, and framed the claim by quantifying that loss on objective grounds.
Outcome
The court accepted our client's arguments and ordered the association to pay our client approximately KRW 30.73 million with default interest. Our client was compensated for the loss caused by the defects.
Where a retail unit purchased off-plan differs from what was described, that difference can be proven objectively to recover damages from the seller. (Outcomes may differ depending on the facts of each matter.)