Performance beyond
your Expectation

Performance beyond your Expectation

Real Estate Development/Construction

Unlike other industries, construction and real estate development is a particularly contentious field, involving people, capital, and technology, and is characterized by complexity and multiple parties' interests that cannot be resolved through basic statutory interpretation, so specialized and comprehensive legal knowledge and rich practical experience to understand various issues are essential.

Based on the high level of expertise accumulated in handling numerous cases arising in the construction and real estate sector, we have demonstrated excellent results in various transactions and proceedings arising from domestic and international real estate transactions, construction works, real estate development, real estate trusts, real estate finance, project financing, redevelopment, reconstruction, urban development, and SOC projects, and, depending on the case, we provide our clients with the best legal services and efforts to achieve the best results by involving lawyers specializing in other fields such as finance, taxation, environment, energy, and labor.

Related Practices

- Negotiation, conclusion and execution of contracts for real estate acquisition, and representation in governmental permits and related procedural disputes

- Advising on land use-related administrative regulations (such as use restrictions or environmental issues) and taxation.

- Legal advice on real estate disputes (sale, lease, inheritance, servient land, foreign land, etc.)

- Comprehensive legal advice on all aspects of development projects and private investment projects, including permitting, agreement procedures, construction, and financing.

- Real estate development trusts (including REITs and CR-REITs) and various trusts.

- Construction projects of social indirect capital facilities (SOC)

- Advising and representing clients in asset-backed securitization (ABS, MBS, ABCP).

- Legal advice on market opening and external competitiveness (CM, spin-off, project financing)

- Legal advice on various specialized laws and regulations related to construction, including the Construction Act, the Basic Construction Industry Act, the Act on Fair Trade in Subcontracting, the Housing Act, and the Apartment Management Act.

- Review and interpretation of contracts related to construction contracts and advise on their implementation

- Advising on methods of payment and securing construction payments, adjustment of contract amounts due to design changes and price fluctuations, and delay compensation.

- Advising on the method and feasibility of exercising the right of first refusal of defect collateral.

- Construction joint venture, including legal issues between the joint venture, the contractor, and third parties, as well as calculation and billing issues between the joint venture and the contractor.

- Subcontracting, including interpretation of subcontracting restrictions, subcontractor payment issues, liability issues arising from the acts of subcontractors, and legal issues related to re-subcontracting.

- Advising on the scope, performance, and conception of construction warranties.

- Advising on resolving and responding to infringement of sunlight rights, viewing rights, and noise and vibration caused by construction works.

Experiences

- Represented Samsung C&T, Hyundai E&C, POSCO E&C, Daewoo E&C, Daelim Industries, Hyundai Engineering, Lotte E&C, SK E&C, Hyundai Industrial Development, KCC E&C, KR Industries, Ilsung E&C, etc. and construction companies such as Korea Land Trust, Korea Land Trust, Korea Asset Trust, Public Employee Pension Service, etc. in various lawsuits for compensation for apartment defects, contract deposits, and claims for return of construction costs (over 500 cases).

- Represented Daelim Industries, Hyundai Engineering & Construction, Lotte E&C, Eskay E&C, and others in reconstruction and construction injunction cases (350+ cases)

- Litigation on behalf of Hyundai Engineering & Construction, Lotte E&C, Eskay E&C, Yujin Enterprises, etc. regarding cancellation of sales contracts, claims for return of sales proceeds, and penalties (300 cases)

- Conducted a number of lawsuits to cancel various design fees, supervision service fee claims, construction cost sharing, and development levies, etc.

- Conducted litigation on behalf of a construction company to defend the right to sunlight view, as well as a number of title transfer cases.

- Won a remand from the Supreme Court in the case of Banpoju Gongong 3 Complex Reconstruction Housing Maintenance Association/GS Construction (2011 Da95779) (KRW 3.6 billion)

- Won numerous cases against large law firms (Korea Land Trust / Woobang Unjust Enrichment Claim Litigation 2014 Da65281, etc.)

- Represented major construction companies and subcontractors in construction payment claims, and represented Korea Development Bank in a lawsuit to confirm the non-existence of a lien in the amount of KRW 13 billion.

- Strategic advice on real estate co-investment agreements and consulting contracts

- Represented Eskay E&C in an apartment defect lawsuit filed against Eskay E&C by the tenants' representative council of a Suwon Kwonseon Sky apartment complex, resulting in the dismissal of a claim for damages worth KRW 2 billion.

- Represented Lotte E&C in an injunction lawsuit against Lotte E&C for infringement of sunlight rights by residents of the Lotte Castle apartment building in Bangbae.

- Represented Seoul Metro in a lawsuit brought by subway subcontractors against Seoul Metro for overhead costs and obtained dismissal of the claim.

- Represented LH in a KRW 17 billion settlement lawsuit related to the implementation of a joint project, including advising on a memorandum of understanding related to the implementation of LH's joint project, and represented various construction companies in construction price litigation and noise and vibration-related damages.

- Conducted defect litigation on behalf of various construction companies and guarantors, including GS E&C, POSCO E&C, Shinsegae E&C, Halla, and GS Neotech.

- Conducted defect litigation and settlement litigation regarding collective buildings (representing GS E&C, POSCO E&C, Daewoo E&C, Lotte E&C, DL E&C, HDC Hyundai Industrial Development, ESK Eco Plant, Taeyoung E&C, etc.

- Represented Eskay Eco Plant in a lawsuit for damages due to false and misleading advertising of SK View in Sosa, Pyeongtaek.

- Represented Lotte E&C in a lawsuit for the return of sales proceeds related to the Dongtan Lotte Castle Albatross Apartment and Namsan Lotte Castle Iris Apartment.

- Represented DL E&C (formerly Daelim Industries) in a claim for construction costs related to the remodeling of the Sejong Cultural Center.

- Represented Lotte E&C in a lawsuit for damage to neighboring properties due to new construction, including Lotte Resort in Sokcho and Lotte Castle Apartments in Deoksugung Palace.

- Represented Eskay Eco Plant (formerly Eskay E&C) in a lawsuit related to the conversion of a fee store in SK Leaders View, Yeongdeungpo, and a lawsuit to revoke an act of sabotage.