Korean Judicial Scrivener Examination (법무사): legal and registration foundations study materials
Korean Judicial Scrivener Examination (법무사): legal and registration foundations study resources

A sale, the register and a disputed payment

Korean Judicial Scrivener Examination (법무사): legal and registration foundations · Put your knowledge to work in context.

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A sale, the register and a disputed payment

A seller and buyer sign a contract for a parcel in Korea. The buyer pays part of the price and later discovers that the seller has not completed the promised transfer registration. The seller says that signing the agreement already made every legal issue irrelevant. The buyer wants to know whether to demand performance, claim repayment or pursue another remedy. A separate dispute concerns whether an additional payment was actually made, and the parties hold different bank records and messages. This exercise supplies no special contractual clause, protected third-party transaction or statutory exception. The learner must distinguish the substantive transaction, the real-right formalities and the evidential dispute without assuming that one conclusion settles all three.

1. Identify the separate questions.

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The contract can create obligations while the real-right transfer by juridical act requires registration. Determine the terms, performance and available remedies before concluding which claim is appropriate.

2. How should the payment dispute be analyzed?

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Identify the facts relevant to the claim and defense, allocate proof under the applicable rules, and connect the bank records and messages to those facts rather than treating assertion as proof.