Victory in sidewalk lawsuit for Sillim3 Redevelopment Association building... Project expected to accelerate

Sillim 3 District Bird's-eye View

[Asia Economy Reporter Seongpil Cho] The redevelopment association won a lawsuit for the delivery of the last remaining building in the Sillim 3 District of Sillim New Town, a redevelopment site in the southwestern area of Seoul. It is expected that the redevelopment project, aiming for completion in the second half of 2024, will accelerate.

According to the legal community on the 31st, Judge Yoon Yang-ji of Civil Division 70 at the Seoul Central District Court ruled in favor of the plaintiff in the building delivery lawsuit filed by the Sillim 3 Redevelopment Promotion District Redevelopment Association against A Church and others. The court stated, "Since Gwanak-gu has approved and announced the management disposition plan for the redevelopment project, the defendants can no longer use or profit from the real estate," and added, "The defendants have an obligation to deliver the real estate to the plaintiff, who is the project executor."

The Sillim 3 District redevelopment project targets a site of 35,140㎡ located at 316-55 Sillim-dong, Gwanak-gu, Seoul. The association plans to build eight apartment buildings with 571 units ranging from four basement floors to 17 above-ground floors, along with ancillary facilities. The local government, Gwanak-gu, approved the project implementation in September 2017 and the management disposition plan in June last year. However, 24 property owners on this site have refused to deliver the buildings due to conflicts over compensation negotiations, leading the association to file a delivery lawsuit against them in September last year.

After the lawsuit was filed, agreements were reached with 22 of the defendants except for A Church and Mr. Lee, resulting in withdrawal of claims against those 22. This ruling is the court's conclusion regarding A Church and Mr. Lee. During the trial, Mr. Lee argued that he could not deliver the building until compensation negotiations were completed, but the court rejected this, stating, "The fact that compensation negotiations have not been completed does not constitute a valid reason to refuse delivery of the real estate." A Church lost by default as it did not respond. Under current civil law, if a defendant receives a copy of the complaint and does not submit a response within a certain period, it is considered an admission of the facts constituting the claim, and the court recognizes a default judgment.

If this ruling is finalized, the association can apply for compulsory execution at the court. Once the compulsory execution takes effect, even if Mr. Lee and others do not deliver the real estate, the association can take possession of the building. The association plans to take possession of all properties in the area by the second half of this year and then proceed with demolition and construction. The construction company is Daewoo Engineering & Construction. The completion is targeted for the second half of 2024.

This content was produced with the assistance of AI translation services.