Construction and Real Estate Advisory

Construction and real estate transactions involve high amounts, diverse stakeholders, and the application of complex laws, so careful review is needed when concluding a contract.

Various legal issues also arise frequently, such as lease disputes, defect repairs, key money disputes, title trusts, and land expropriation and compensation issues.

By clarifying the contract terms through prior advice and checking risk factors at each stage of the project, unnecessary litigation and costs may be prevented.

In the course of construction work, nonpayment of fees, unfair reductions, and disputes over grounds for contract termination are frequent causes of disputes.

Depending on the legal validity of the construction contract, the conditions for termination, and whether supporting evidence has been secured, gains or losses of hundreds of millions of won may be at stake.

Advisory points

For defects arising after completion of construction, disputes over liability between the ordering party and the contractor often continue, and disputes over limitation periods or the scope of repairs are also frequent.

Advisory Points

Violations of contractor registration requirements, violations of subcontracting restriction rules, and unqualified construction can also entail criminal liability, and licensing and permit matters are directly tied to assessing business viability.

Advisory Points

Various disputes arise in matters such as the establishment and operation of associations, sale of units, withdrawal of members, and contribution charges.

In particular, whether the contribution share of a withdrawing member is refundable and questions of the liability of association officers require legal review.

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A real estate transaction conducted through title trust is void as a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name, and may be subject to criminal punishment and a penalty surcharge.

Level of Criminal Punishment

Advisory Points

Disputes frequently arise in practice, such as nonpayment of the purchase price, rescission of contracts, return of lease deposits, and refusal to renew contracts, and the issue of premium (key money) also becomes a major point of contention.

Advisory Points

Disputes are common regarding the recovery of substantive rights, such as the transfer of real estate registration, claims for eviction, whether acquisitive prescription by possession has been established, and the release of mortgages and mortgages to secure a maximum amount.

Advisory Points

Partition of co-owned property arising from joint ownership, disputes over grave site rights caused by unauthorized graves, and issues concerning the right of passage over surrounding land regarding the use of adjacent land also often lead to litigation.

Advisory Points

It is advisable to prepare the following materials thoroughly.

This law firm includes attorneys specializing in construction and real estate who are registered with the Korean Bar Association, as well as a number of experienced attorneys with an average of more than 10 years of practice.

As a result, practical and systematic legal support can be provided for matters ranging from construction payment disputes, title trusts, lease disputes, land expropriation and compensation, to complex matters involving redevelopment and reconstruction.

If you require support across the entire process, from drafting contracts at the early stage of a project to dispute resolution and responding to litigation and administrative procedures, you may request assistance from an attorney specializing in construction and real estate.