Practice Areas Introduction

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides for the residential environment improvement project, housing redevelopment project, housing reconstruction project, urban environment improvement project, residential environment maintenance project, and road housing improvement project, etc. in order to improve under a plan the areas where the recovery of urban functions is needed or the residential environment is poor and to improve the decrepit and worn-out buildings. Because such urban and residential environment improvement projects are carried out by an association of various interested parties in accordance with strict legal procedures, multifaceted and prompt legal advice with respect to the formation and operation of the association, land expropriation, execution of various agreements, and administrative procedures including approval of the association formation, etc. is more important than anything from the initial stage prior to the formation of the association for each project to the end of the project.

Hankyul’s construction and real estate team has for a long time provided legal advice and litigated cases on numerous residential environment improvement projects, housing redevelopment projects, housing reconstruction projects, urban environment improvement projects, resident environment maintenance projects, and road housing improvement projects, and will provide, on the basis of such extensive experience, in-depth legal services tailored for the legal needs of the clients for the urban and residential environment improvement projects.

Practice Areas

-       Advising on the formation and operation of a promotion committee and association for an improvement project

-       Advising on the claim for sale, cash liquidation, trust registration, and land expropriation

-       Reviewing and preparing the agreements with the constructor and the professional manager for an improvement project

-       Advising on the gratuitous conveyance of state-owned land and public land, approval of the association formation, approval of the project implementation, and approval of the management and disposal plan

-       Advising on the plan for share arrangement according to the analysis of rights and on various permits and approvals

-       Litigations over the internal matters of the association such as injunction suspending the execution of the association president’s duties, injunction prohibiting the holding of a general meeting, and confirmation of invalidity of the resolutions of the general meeting, etc.

-       Litigations against a constructor over the confirmation of termination of the construction contract and injunction for carrying out the spot delivery, etc.

-       Administrative litigations over the revocation of the approval of the association formation, revocation of some of the project implementation approval conditions, revocation of the management and disposal plan, approval of the management and disposal plan, and revocation litigation, etc.

-       Litigations seeking damages such as damages caused by shielding of daylight and damages caused by a delay in relocation, etc.

-       Tax litigations such as litigations seeking revocation of acquisition tax and registration tax

-       Litigations seeking revocation of the disposition denying the gratuitous conveyance of state-owned land and public land and litigations claiming the return of unjust profits

-       Litigations over the acquisition of land such as claim for ownership transfer registration and claim for cancellation of ownership transfer registration, etc.