The types of disputes in the construction/real estate sector are constantly changing in line with the diversification and variegation of industry. The methods of dispute resolution are also truly diverse, from civil lawsuits in courts, arbitration in the Korean Commercial Arbitration Board, mediation through the Construction Dispute Mediation Committee, Environmental Dispute Resolution Commission, Defect Examination and Dispute Mediation Committee, objections to the Central and Local Land Tribunals, criminal complaints and accusations against investigative agencies, and administrative appeals and lawsuits against various administrative agencies.
The members of the ClassHankyul construction/real estate team are attorneys who previously served as judges and prosecutors, having long accumulated different experiences, and specialists in the construction/real estate area with expert know-how and knowledge of the latest trends. Based on a clear understanding of the background and facts of any dispute, the team not only represents clients in litigations, mediations, arbitrations, or complaint/accusation filings, but also presents solutions to tackle the dispute in a way that would be the most beneficial to the clients, and provide counseling with the purpose to prevent disputes.
Introduction
Major Business
Settlement of Construction Disputes
- Construction costs (requests for payment, requests for increased/decreased payments) and liquidated damages, liens, subcontracting-related litigation, mediation, and arbitration
- Litigation, mediation, and arbitration related to defects in various buildings such as apartments
- Litigation for damages related to the right to sunlight, right to a view, noise, vibration, dust, and other environmental nuisances
- Proceedings against contractors, such as confirmation of termination of the construction contract, injunctions for execution of provisional disposition to dispossess the site, and injunctions seeking suspension of construction
- Sanctions under construction-related laws (restricted bidding eligibility, business suspension, etc.), sanctions under the construction-related provisions of the Fair Trade Act (corrective orders, penalty surcharges), and administrative appeals/lawsuits regarding numerous administrative dispositions related to permits and licenses
- Litigation for damages and insurance claims related to safety accidents
Settlement of Disputes Related to Real Estate Development Projects
- Litigation, mediation, and arbitration regarding various disputes arising between the parties to various development projects, including developers, contractors, trust agents, service providers (PM, CM, agencies, etc.), and financing institutions/lenders
- Administrative appeals and administrative litigation related to various authorizations and permits in the process of real estate development
- Proceedings against landowners, such as injunctions for dispossession of land, and lawsuits for damages for move-in delays, etc., for the prompt progress in development projects
- Administrative appeals/claims related to the expropriation of land, etc. and the request for an increase in compensation
- Proceedings seeking the return of down payment related to sales advertisements and cancellation of sales contracts
Settlement of Disputes on Urban Development Projects (Redevelopment and Reconstruction)
- Litigation, mediation, and arbitration regarding various disputes arising between the parties to numerous urban development projects, including operators (maintenance projects associations, etc.), owners of land, etc. (association members, etc.), purchasers (general purchasers other than association members), contractors, trust agents, management contractors specializing in redevelopment projects, and service providers
- Proceedings for the reorganization of legal relations within an association, such as a disposition of suspension of the performance of duties of the head of the association, a disposition of injunction prohibiting the holding of general meetings, and a disposition of suspending the validity of resolutions of general meetings (litigation to confirm the validity of resolution of general meetings)
- Administrative appeals and litigation related to various administrative dispositions, such as the disposition of authorization to establish an association, the disposition of authorization of a project implementation plan, and the disposition of authorization for a management and disposal plan
Settlement of Disputes Concerning Real Estate in General
- Litigation related to land acquisition, such as a request for registration of ownership transfer and a request for cancellation of registration of ownership transfer
- Litigation concerning ownership of real estate and various rights
- Litigation concerning the payment of the purchase price, the return of the deposit, and dispossession of buildings (provisional disposition to dispossess)
- Litigation for division of co-owned property
- Litigation concerning revocation of disposition denying the gratuitous conveyance of state-owned land and public land and litigations claiming the return of unjust profits
- Tax lawsuits such as those seeking acquisition tax and registration tax cancellation
- Construction costs (requests for payment, requests for increased/decreased payments) and liquidated damages, liens, subcontracting-related litigation, mediation, and arbitration
- Litigation, mediation, and arbitration related to defects in various buildings such as apartments
- Litigation for damages related to the right to sunlight, right to a view, noise, vibration, dust, and other environmental nuisances
- Proceedings against contractors, such as confirmation of termination of the construction contract, injunctions for execution of provisional disposition to dispossess the site, and injunctions seeking suspension of construction
- Sanctions under construction-related laws (restricted bidding eligibility, business suspension, etc.), sanctions under the construction-related provisions of the Fair Trade Act (corrective orders, penalty surcharges), and administrative appeals/lawsuits regarding numerous administrative dispositions related to permits and licenses
- Litigation for damages and insurance claims related to safety accidents
Settlement of Disputes Related to Real Estate Development Projects
- Litigation, mediation, and arbitration regarding various disputes arising between the parties to various development projects, including developers, contractors, trust agents, service providers (PM, CM, agencies, etc.), and financing institutions/lenders
- Administrative appeals and administrative litigation related to various authorizations and permits in the process of real estate development
- Proceedings against landowners, such as injunctions for dispossession of land, and lawsuits for damages for move-in delays, etc., for the prompt progress in development projects
- Administrative appeals/claims related to the expropriation of land, etc. and the request for an increase in compensation
- Proceedings seeking the return of down payment related to sales advertisements and cancellation of sales contracts
Settlement of Disputes on Urban Development Projects (Redevelopment and Reconstruction)
- Litigation, mediation, and arbitration regarding various disputes arising between the parties to numerous urban development projects, including operators (maintenance projects associations, etc.), owners of land, etc. (association members, etc.), purchasers (general purchasers other than association members), contractors, trust agents, management contractors specializing in redevelopment projects, and service providers
- Proceedings for the reorganization of legal relations within an association, such as a disposition of suspension of the performance of duties of the head of the association, a disposition of injunction prohibiting the holding of general meetings, and a disposition of suspending the validity of resolutions of general meetings (litigation to confirm the validity of resolution of general meetings)
- Administrative appeals and litigation related to various administrative dispositions, such as the disposition of authorization to establish an association, the disposition of authorization of a project implementation plan, and the disposition of authorization for a management and disposal plan
Settlement of Disputes Concerning Real Estate in General
- Litigation related to land acquisition, such as a request for registration of ownership transfer and a request for cancellation of registration of ownership transfer
- Litigation concerning ownership of real estate and various rights
- Litigation concerning the payment of the purchase price, the return of the deposit, and dispossession of buildings (provisional disposition to dispossess)
- Litigation for division of co-owned property
- Litigation concerning revocation of disposition denying the gratuitous conveyance of state-owned land and public land and litigations claiming the return of unjust profits
- Tax lawsuits such as those seeking acquisition tax and registration tax cancellation
Major Performance
Resolution of Construction Disputes
- Successfully represented a contractor in claiming construction costs
- Represented an owner and partially won lawsuits filed in response to a council of occupants’ damages claims concerning defects
- Represented a contractor and won lawsuits filed in response to a local government’s damages claims seeking the return of design compensation fees
- Successfully represented a constructor in the application for suspension of execution of the disposition limiting the eligibility to bid
- Successfully represented a local government-invested public corporation (owner) in a case responding to unsuccessful bidders’ lawsuit seeking the preliminary disposition to preserve the status and confirmation of eligibility for application for public offering
- Successfully represented an unsuccessful bidder (constructor) for a government-funded construction project, in a lawsuit against constructors that have led collusive acts, to seek indemnity
- Represented a building owner and partially won lawsuits in response to the nearby residents’ damages claims concerning the infringement of the right to sunlight
Resolution of Disputes Related to Real Estate Development Projects
- Instituted an injunction for the provisional disposition to dispossess of land, and successfully represented (including the execution of such dispossession) various development project operators, such as industrial complex development project operators, against landowners
- Partially won a case representing a development project operator, by filing a lawsuit in response to the claim for an increase in compensation, and pointing out the illegality of the unfair results of the court appraisal/assessment
- Acted for a depositor (development project operator) in filing a suit in response to a case seeking confirmation of the payment of deposit money for the expropriation compensation of the deposited party, and won
- Represented an interested party in the process of filing objections to the Central Land Tribunal
- Represented a development project operator, in a case against the service company (sales agency)’s injunction to suspend the effect of the notice of contract termination
- Successfully acted for a service provider in a case against a local housing association, claiming its payment of service fees
- Represented a development project operator (local government-invested public corporation), and filed and won a case in response to a damages claim, for project delays caused by the disposal of landfill waste by the purchaser
- Represented members of a consortium formed for a development project, and filed and won a case in response to another consortium’s lawsuit claiming contribution
- Acted for a development project operator, and filed and won a case in response to a lawsuit seeking the return of the down payment on the grounds of cancellation of the contract by the purchaser
- Represented a development project operator, and won a case filed in response to a lawsuit seeking revocation of the registration of transfer of ownership of the project site in the name of the project operator, on the grounds that adjustments to the project site title were in favor of their ancestors
- Represented a local housing cooperative, and won a case filed in response to some of the members hoping to withdraw from the association, which was for the return of the down payment on the grounds of cancellation or termination of the sales contract (supply contract)
- After the expulsion of a member interfering with the business on behalf of a local housing cooperative, won a case filed in response to such member’s lawsuit seeking an injunction for the suspension of the effect of expulsion disposition, and confirmation of the nullity of the expulsive disposition
- Represented the Minister of Land, Infrastructure and Transport and local government-invested public corporations (subsidized participants), by filing a lawsuit in response to the residents’ lawsuit seeking revocation of the designation of a public housing zone
Resolution of Disputes Related to Urban Development Projects (Redevelopment and Reconstruction)
- Successfully represented members of a reconstruction and maintenance project association, in a case against such association, seeking an injunction prohibiting the opening of special meetings and a disposition suspending the effect of the general meeting
- Successfully represented a commercial building council of a reconstruction and maintenance project association, in a lawsuit seeking partial revocation of the management and disposal plan, against the reconstruction and maintenance project association
- Responded to a lawsuit seeking the revocation of authorization for the establishment of an association by its members, acting for a reconstruction and maintenance project association, and won
- Represented a street housing renewal project association, to file a lawsuit in response to a claim by its member for the confirmation of the resolution of the dissolution of the association, and won
Resolution of Disputes Concerning Real Estate in General
- Won a case filed for registration of ownership transfer, on the grounds of the satisfaction of the period for acquiring ownership by possession
- Successfully represented a lessor in a lawsuit seeking the dispossession of a building against its lessee
- Successfully represented a lessee in a lawsuit seeking the return of the deposit against its lessor
- Represented a real estate seller and won a lawsuit filed in response to the buyer’s claim for the return of the penalty fees
- Represented a client and won a lawsuit filed in response to a case by an owner of an adjacent store, which claimed compensation for damages caused by sediments from waste drinking oil
- Successfully represented a local government-invested public corporation in a case against the Korea Asset Management Corporation, alleging the invalidity of the imposition to pay for compensation for state property, and the loan agreement, and seeking the return of unjust profits
- Successfully represented a contractor in claiming construction costs
- Represented an owner and partially won lawsuits filed in response to a council of occupants’ damages claims concerning defects
- Represented a contractor and won lawsuits filed in response to a local government’s damages claims seeking the return of design compensation fees
- Successfully represented a constructor in the application for suspension of execution of the disposition limiting the eligibility to bid
- Successfully represented a local government-invested public corporation (owner) in a case responding to unsuccessful bidders’ lawsuit seeking the preliminary disposition to preserve the status and confirmation of eligibility for application for public offering
- Successfully represented an unsuccessful bidder (constructor) for a government-funded construction project, in a lawsuit against constructors that have led collusive acts, to seek indemnity
- Represented a building owner and partially won lawsuits in response to the nearby residents’ damages claims concerning the infringement of the right to sunlight
Resolution of Disputes Related to Real Estate Development Projects
- Instituted an injunction for the provisional disposition to dispossess of land, and successfully represented (including the execution of such dispossession) various development project operators, such as industrial complex development project operators, against landowners
- Partially won a case representing a development project operator, by filing a lawsuit in response to the claim for an increase in compensation, and pointing out the illegality of the unfair results of the court appraisal/assessment
- Acted for a depositor (development project operator) in filing a suit in response to a case seeking confirmation of the payment of deposit money for the expropriation compensation of the deposited party, and won
- Represented an interested party in the process of filing objections to the Central Land Tribunal
- Represented a development project operator, in a case against the service company (sales agency)’s injunction to suspend the effect of the notice of contract termination
- Successfully acted for a service provider in a case against a local housing association, claiming its payment of service fees
- Represented a development project operator (local government-invested public corporation), and filed and won a case in response to a damages claim, for project delays caused by the disposal of landfill waste by the purchaser
- Represented members of a consortium formed for a development project, and filed and won a case in response to another consortium’s lawsuit claiming contribution
- Acted for a development project operator, and filed and won a case in response to a lawsuit seeking the return of the down payment on the grounds of cancellation of the contract by the purchaser
- Represented a development project operator, and won a case filed in response to a lawsuit seeking revocation of the registration of transfer of ownership of the project site in the name of the project operator, on the grounds that adjustments to the project site title were in favor of their ancestors
- Represented a local housing cooperative, and won a case filed in response to some of the members hoping to withdraw from the association, which was for the return of the down payment on the grounds of cancellation or termination of the sales contract (supply contract)
- After the expulsion of a member interfering with the business on behalf of a local housing cooperative, won a case filed in response to such member’s lawsuit seeking an injunction for the suspension of the effect of expulsion disposition, and confirmation of the nullity of the expulsive disposition
- Represented the Minister of Land, Infrastructure and Transport and local government-invested public corporations (subsidized participants), by filing a lawsuit in response to the residents’ lawsuit seeking revocation of the designation of a public housing zone
Resolution of Disputes Related to Urban Development Projects (Redevelopment and Reconstruction)
- Successfully represented members of a reconstruction and maintenance project association, in a case against such association, seeking an injunction prohibiting the opening of special meetings and a disposition suspending the effect of the general meeting
- Successfully represented a commercial building council of a reconstruction and maintenance project association, in a lawsuit seeking partial revocation of the management and disposal plan, against the reconstruction and maintenance project association
- Responded to a lawsuit seeking the revocation of authorization for the establishment of an association by its members, acting for a reconstruction and maintenance project association, and won
- Represented a street housing renewal project association, to file a lawsuit in response to a claim by its member for the confirmation of the resolution of the dissolution of the association, and won
Resolution of Disputes Concerning Real Estate in General
- Won a case filed for registration of ownership transfer, on the grounds of the satisfaction of the period for acquiring ownership by possession
- Successfully represented a lessor in a lawsuit seeking the dispossession of a building against its lessee
- Successfully represented a lessee in a lawsuit seeking the return of the deposit against its lessor
- Represented a real estate seller and won a lawsuit filed in response to the buyer’s claim for the return of the penalty fees
- Represented a client and won a lawsuit filed in response to a case by an owner of an adjacent store, which claimed compensation for damages caused by sediments from waste drinking oil
- Successfully represented a local government-invested public corporation in a case against the Korea Asset Management Corporation, alleging the invalidity of the imposition to pay for compensation for state property, and the loan agreement, and seeking the return of unjust profits
Related members
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- Corporate Rehabilitation, Bankruptcy and Workout
- Litigation for Exercise of Minority Shareholders’ Rights
- Construction/Real Estate Litigation
- Labor Disputes
- Public Contracts
- Antitrust and Competition Disputes
- Environmental Disputes
- Tax Litigation
- IP Disputes
- Product Liability
- Media and Information & Communications Disputes
- Bio / Pharmaceutical
- Administrative Litigation
- Constitutional Litigation
- Corporate Law
- Civil Matters
- Family Law
- International Litigation and Arbitration