Sales, lease, and evacuation disputes

The relationship between the lessor and the lessee is stipulated by special laws called the “Housing Lease Protection Act” and the “Commercial Building Lease Protection Act.”
However, due to the complexity of laws that are applied differently depending on the upper and lower laws, such as the rental area and rental conditions, a thorough legal review is required for the lessor or lessee to recognize and realize the sufficient rights.

Real estate development business (implementation, development, sale) and redevelopment/reconstruction

Redevelopment and reconstruction are areas that require legal review due to frequently changing policies and regulations.
For successful redevelopment and reconstruction projects, advice from not only legal experts, but also multiple experts in accounting, tax, administration and finance are required.

Construction-related disputes (construction payment, subcontract)

Construction based on subcontracts is a long-term project in the context of the ever-changing on-site situation and the interests of many companies.
Various disputes such as defects, construction delays, additional construction costs, direct payment of subcontract payments, liens, etc. are inherent.
It is an area that requires expert help in order to avoid losses due to the nature of the contracting relationship, which has different structures and interests depending on individual sites and construction contents.

Defect repair

When a building is built, several defects occur.
When a defect occurs in a building after construction is carried out, a dispute arises over who is responsible for and who should bear the cost of repairing the defects.
In particular, in the case of multi-unit dwellings, mainly apartments, disputes arise between the partial apartment owner, the contractor, and the company guaranteeing defect repair.

Usually, in the case where the final scheduled process cannot be completed because the construction is stopped in the middle, the construction is considered incomplete.
However, it is the position of the court to interpret the defect as a defect if the building needs to be repaired due to faultiness after it is completed up to the final process originally scheduled and the main structural part is constructed as promised and completed as a building according to social conventions. (Supreme Court Ruling 1994.9.30. Judgment 94 da 32986).

In case of a defect repair dispute, it is necessary to prepare with expert advice, such as having to consider complex rights and obligations between the parties, different application depending on the revision period of related laws, and observing the exclusion period for each defect.
In particular, as the result of judgment tends to be decided according to the result of the appraisal, the appraisal procedure is very important in the litigation process.

Land expropriation and compensation

Land expropriation refers to the forcible acquisition of ownership of land by the state, local governments, or public organizations in accordance with the procedures stipulated by law for a specific public service project.
토지수용에 관하여는 국토의 계획 및 이용에 관한 법률(95조)과 농어촌정비법(91조), 도로법(49조의 2), 광업법(87·88조)과 같이
With regard to land expropriation, there are cases where there are provisions in individual laws such as the National Land Planning and Utilization Act (Article 95), the Rearrangement of Agricultural and Fishing Villages Act (Article 91), the Road Act (Article 49-2), and the Mining Act (Articles 87 and 88). Except for this, in general, it follows the provisions of The Act On Acquisition Of And Compensation For Land, Etc. For Public Works Projects.

In the case of the above expropriation of land, the expropriating entity shall compensate the land owner in accordance with the above law.
However, there are many difficulties for the general public to judge whether the compensation amount is appropriate and to dispute it.
This is because, in order to dispute, it is necessary to go through professional legal procedures such as appeals or administrative litigation.

At ELAW, we provide services for land expropriation and compensation in order to solve the difficulties of these people.
If you are struggling with land compensation, please contact us without hesitation.