Building Lawyer Assistance Case | Winning a Lawsuit to Revoke a Project Implementation Plan Arising From a Change in Commercial Unit Location

The client who sought out the construction attorney was a reconstruction association in the metropolitan area, responsible for overseeing the entire process from the design of a large-scale complex to consultations with the contractor.

In the course of pursuing the reconstruction, a revised plan was prepared under which the commercial building would be relocated to the road side of the complex in order to relieve traffic congestion and address noise problems.

However, some association members who owned the commercial site took issue with the decrease in expected profits and the decline in value.

Accordingly, the association members raised an objection to the revised plan and filed an administrative litigation, asserting the unlawfulness of the project implementation plan.

When the client thus faced the risk of the entire association schedule being delayed, the client entrusted the litigation response to the construction attorney at Daeryun LLC, who has rich litigation experience in the field of construction.

Under Article 35 of the Act on the Improvement of Urban Areas and Residential Environments, if one wishes to establish a reconstruction association, one must meet the following requirements and obtain consent, and then obtain authorization from the mayor, the head of the county, or another competent authority

In addition, the consent form of the landowners and others for authorization to establish the association must be prepared in a form that includes the following matters.

▶ Matters to be included in the consent form

The member who owned the commercial unit filed a lawsuit, arguing that "the value of the commercial unit has declined due to the change of its location to the outer area."

In response, the construction attorney argued that the claim that the decline in the value of the commercial unit could lead to actual loss was no more than speculation, without objective grounds or specific figures.

On the contrary, the attorney presented analysis results showing that the changed location of the commercial unit was close to a main pedestrian route and had a high degree of connectivity with the commercial district near the complex entrance, thereby securing profitability.

The construction attorney emphasized that the change in the location of the commercial buildings had been decided out of clear urban-planning necessity, such as improving traffic flow within the complex, reducing noise, and ensuring pedestrian safety.

The attorney submitted as evidence the minutes explaining the background and course of the change, the traffic impact assessment report, the architectural design drawings, and the like.

Through this, the attorney proved that the association's decision was made in consideration of the interests of all members and of the public, rather than an infringement of the interests of some.

The above case was that of a client who had been subject to a lawsuit for revocation of the project implementation plan by an association member on the ground of a change in the commercial building location.

As shown here, if a conflict arises with an association member within a reconstruction association, it is more important than anything to receive the assistance of an expert at an early stage and prepare a swift and systematic response.

If the response is inadequate, it can cause disruptions to the project schedule and lead to economic losses, so it is advisable to receive the assistance of a specialist attorney.

Based on its experience resolving a variety of reconstruction and redevelopment disputes, Daeryun Law Firm provides professional legal services ranging from association establishment to project implementation and the mediation of conflicts among association members.

If you need legal assistance in a situation like the above, please feel free at any time to request help through a 🔗legal consultation appointment.