Gaepo Xi Move-in Resumes... Court Recognizes Validity of Completion Permit
Residents scheduled to move into 'Gaepo Xi Presidents' (Gaepo Jugong Complex 4 Reconstruction) in Gaepo-dong, Gangnam-gu, Seoul, which faced a halt in move-ins due to a lawsuit related to the on-site daycare center, will now be able to move into their apartments.
According to the legal community on the 15th, the Seoul Administrative Court Administrative Division 11 (Chief Judge Kang Woo-chan) dismissed the suspension request for the effectiveness of the completion approval filed by Gyeonggi Kindergarten against Gangnam District Office. The court stated, "Suspending the effect of the completion approval may significantly impact public welfare."
On the 13th, a resident preparing to move in is looking at a notice announcing the suspension of move-in in front of the Gaepo Xi Presidents Move-in Support Center in Gangnam-gu, Seoul. Photo by Jinhyung Kang aymsdream@
View original imageThe court judged that if the move-in suspension continues, many legal disputes and difficulties in daily life are expected, including securing temporary residences and storage for belongings, issues with children's school transfers, and lease contract problems.
Furthermore, it was considered unlikely that irreparable damage would occur to the applicants (kindergarten side) due to the maintenance of the completion approval's effect, and thus there was no immediate reason to block the move-in. Issues such as property rights infringement claimed by the kindergarten can be resolved through related lawsuits and adjustments once a new management disposition plan is prepared after winning the case.
Originally, the effect of the 'partial completion approval,' which was a condition for moving into Gaepo Xi, had been temporarily suspended until the 24th, but on this day, the court held a hearing and rejected the suspension request, allowing move-ins to resume.
Earlier, Gyeonggi Kindergarten within the Gaepo Xi complex filed a lawsuit against the reconstruction association three years ago, demanding the cancellation of the association's 'management disposition plan.' The kindergarten argued that the plan included changes to the kindergarten's location after reconstruction without their consent. They also claimed that their property rights were infringed because the land they solely owned would be jointly owned with other housing owners after reconstruction.
In January, the court accepted the kindergarten's claim of property rights infringement and partially ruled in favor of the plaintiff. Consequently, the effectiveness of the management disposition plan approved by the association was also suspended. However, on the 28th of last month, Gangnam District Office issued a 'partial completion approval certificate' for Gaepo Xi, and some residents began moving in.
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Subsequently, the kindergarten filed a lawsuit arguing that the partial completion approval was invalid since the management disposition plan's effect was suspended, and the court initially decided to suspend the effect of the partial completion approval until the 24th. Gaepo Xi Presidents is a large complex with 3,375 households, and move-ins began on the 28th of last month, with about 1,000 households having moved in so far. It is reported that around 300 households had planned to move in by the 24th, when key handovers were not allowed.
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