Officetel buyer sued to leave: won twice and got title

Background

Our client bought an officetel unit, paid the deposit, took possession and used it, with the balance due about two years later. The seller sued for possession and a usage fee, claiming our client had no right to occupy, lost at first instance and appealed.

The issue

Whether our client had a lawful right to occupy the unit, and whether, once the full price was paid, our client was entitled to registration of ownership.

Our approach

During the appeal, on the balance due date, our client deposited the remaining balance with the court, completing payment, and filed a counterclaim for registration of the ownership transfer.

The court's reasoning

The appeal court found the first-instance rejection of the seller's possession claim correct. On the counterclaim, it found the sale contract and full payment, by way of the court deposit, established, and held the seller obliged to register the transfer of ownership.

Outcome

The appeal court dismissed the seller's appeal and, on the counterclaim, ordered the seller to register the transfer of ownership to our client on the basis of the sale. The seller was ordered to bear the costs of the appeal and the counterclaim.

What this case means

Even if a seller disputes the contract and refuses to cooperate, a buyer who performs by depositing the balance with the court can obtain the transfer of ownership through litigation.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.