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Practice Area|Construction & Real Estate

Construction & Real Estate Administrative Law

Jipyong's Construction & Real Estate Team is comprised of attorneys across the Advisory and Litigation Groups to provide comprehensive and coordinated advisory services considering the nature of the construction and real estate business involving various processes for obtaining the required permits and frequent changes in the regulatory environment.

The construction and real estate industries are required to comply with various public laws such as the National Land Planning Act, Special Act on Balanced National Development, National Contract Law, Urban Development Act, Special Act on Enterprise City Development, Building Act, and Act on the Improvement of Urban Area. In addition to these laws and regulations, the internal rules of the administration agencies apply as well. Each development project is made subject to supervision by a number of departments within the administrive agency, and the officials of each department are often familiar with only the responsibilities assigned to the department. Given this context, success of the construction and real estate business depends on a systematic and comprehensive analysis of the applicable laws and regulations. Jipyong has advised on real estate laws and regulations for a major reconstruction of Sewoon Shopping Mall, Pangyo Techno Valley, Pie City in Yangjae-dong, as well as Banpo-dong and Daechi-dong. Jipyong also preemptively negotiated with the government agencies on behalf of corporations for licensing agreements and effective dispute resolution, thereby obtaining the business license required for successful implementation of the development project.

Jipyong as a full-service firm provides comprehensive support for companies to protect their rights. We defend the charges or fees imposed in the course of relocation of the business, and we advise on administrative actions or services by government agencies such subsidies paid for the relocation.

Jipyong’s Construction & Real Estate Team further supports the legislative efforts with relations to the construction and real estate laww and regulations in emerging markets, such as Cambodia, Vietnam, and Laos, alongside the Ministry of Government Legislation and the Land and Housing Corporation of Korea to build the institutional infrastructure to support the overseas expansion of the companies in Korea.

Key Practice Areas Close

    • Advised on licensing procedures and regulations for industrial park development projects
    • Advised on licensing procedures and regulations for urban development projects, rezoning projects, and project finance structures
    • Advised on licensing procedures for housing projects, terms and conditions of sale and relocation assistance
    • Advised on licensing for municipal planning projects such as golf courses
    • Advised on contract structure, terms and conditions under the public laws on private investment projects in the Seoul metropolitan areaand Busan
    • Advised on operation of large stores, including permit and approvals
    • Advised on operation of lodging businesses, such as hotels, including permit and approvals for opening and renovation
    • Advised on permit and compensation for private use of large-scale shopping malls located on public land
    • Advised on international laws and regulations for overseas real estate development projects in China and Southeast Asia
    • Advised on approval for housing development projects and represented in litigation on the relevant conditions
    • Advised on decision on expropriation and compensation for company-owned land
    • Advised on acquisition and change of license for housing projects and urban development projects
    • Represented in administrative litigation relating to permits, approval and change in urban development projects and management and disposal plans
    • Represented in administrative litigation for licensing at the workplace dealing with hazardous substances
    • Represented in hearings and administrative litigation regarding exclusion of construction companies from participation in bidding
    • Represented in administrative litigation relating to the transfer of religious facilities under urban planning
    • Represented in constitutional lawsuits on the regulations of construction and real estate
    • Advised on legislation for urban development and maintenance in emerging markets, such as Vietnam, Cambodia and Laos

Experience Close

    • Advised on PF related to a number of industrial complex development projects in As an Tangjeong, Gimhae Myeongdong, Gimpo Hakun, Changwon Dongjeon, Daesong, and Han River Cinepolis, considering individual regulations
    • Advised on the license for redevelopment association, business license and management disposal plan in major reconstruction projects such as old Banpo District 1, new Banpo District 4, Eunma Apartment, and Gwacheon LH projects
    • Advised on licensing and financial structure in profit-generating park development projects such as Suwon Yeongheung Park, Gwangju Jungang Park, Changwon Sahwa Park, and the Citizen’s Forest Park
    • Advised on licensing for Pangyo Techno Valley Project and Giheung-Yongin Private Investment Project
    • Advised on the legality of the enforcement plan of Pie City project
    • Advised on changes in the use of buildings to obtain business licenses for hazardous chemicals of Samsung SDI
    • Coordinated opinions with and advised administration office regarding Doosan city duty free shops
    • Advised on public property relations and warning process for large-scale stores on national land such as Chuncheon Underground Shopping Mall and Dongdaemun ‘Yours’
    • Advised major hotels such as Shilla Hotel, Namsan Banyan Tree Hotel, Haeundae Grand, and Kensington Seorak on business license
    • Represented Sinchon station in a Constitutional petition on the regulation of lease terms under public law and won the case
    • Represented Seoul Metro in a lawsuit claiming for cancellation of conditions imposed during approving the housing construction project plan and won the case
    • Provided full range of advice on the expropriation of land owned by Hyundai Motor Group and SK affiliates and decision-making process, and prevailed in administrative compensation proceedings
    • Represented urban development company in a lawsuit claiming for cancellation of rejection of a local industrial complex development plan and cancellation of disposition of rejecting change in urban development plan, and won the case
    • Represented housing development company in a lawsuit seeking cancellation of disposition of rejecting approval for housing construction project and won the case
    • Advised Lotte Asset Development, Lotte E&C and E-Land Group on acquisition of permission for opening of large-scale stores and represented and won lawsuits seeking cancellation for disposition of rejection
    • Represented Catholic Education Foundation in a number of lawsuits related to the relocation of religious facilities within the development zone and succeeded in mediation
    • Won the litigation seeking confirmation of invalidity of attachment established due to default on tax payment by the project manager with respect to a part of the apartment site which remained under the ownership of the previous project manager, in which Jipyong represented the reconstruction association establishment promotion committee
    • Represented a private investor under the Urban Development Act in its claim related to the allocation of the costs for the pipe utility conduit installation in an urban development area