Background
A single pre-sale project can generate a wave of suits from multiple purchasers, each advancing slightly different arguments — standard terms, deception, mistake, damages. Changchun has represented developers and contractors in many such projects.
The Issue — Securing a "Consistent Conclusion" Across Scattered Claims
Pre-sale suits brought as a group share the same broad facts, but each purchaser relies on a slightly different cause of action — typically ▲ invalidity under the Act on the Regulation of Terms and Conditions (breach of the duty to explain, or unfairness); ▲ rescission for mistake under article 109 of the Civil Act; ▲ rescission for deception under article 110; and ▲ damages. Because a single loss would be followed by a train of further suits on the same logic, responding to every cause of action without a gap and obtaining a consistent conclusion determined the risk to the entire project.
How Changchun Helped
Working from objective materials — marketing and consultation records, contracts, request forms — Changchun (attorneys Jaesun Yoon and Donghwan Shin) built a consistent defense running through every cause of action, maintaining across all the cases that ① the documents at issue were not unilateral "standard terms" but individually negotiated agreements settled through discussion; ② "up to" in advertising differs from "fixed," and financing and leasing lie within the domain of third parties (lenders and rental management companies); ③ an expectation never expressed externally is not a mistake as to a material element giving grounds for rescission but merely a mistake as to motive; and ④ the developer owed no duty of disclosure under the principle of good faith as to financing and leasing terms.
Conclusion
Acting for the developer and contractor, Changchun secured victory after victory in these pre-sale suits (claims dismissed, including on appeal).
In group pre-sale disputes, what matters beyond the outcome of any individual case is maintaining a consistent legal position running through them all. The case reflects Changchun's expertise in acting extensively for operators in disputes over the pre-sale of income-producing real estate and securing consistent conclusions. (Outcomes may differ depending on the facts of each matter.)