Apgujeong District 3 Land Share Calculation: "Land Rights" vs. "Exclusive Area Ratio"

Published 28 Jan.2026 15:40(KST)

Legal Battle Between Hyundai Engineering & Construction and Union Members

Legal disputes continue between the union members and Hyundai Engineering & Construction regarding the method of calculating land share (the registered unit of partitioned land) for the redevelopment of Apgujeong District 3. The union members argue that, in accordance with the purpose of the Act on Ownership and Management of Aggregate Buildings, shares should be transferred based on the ratio of exclusive area. In contrast, Hyundai Engineering & Construction contends that, since the buildings were constructed before the law came into effect, the ratio of land rights should serve as the basis.

Legal disputes continue between the union members and Hyundai Engineering & Construction over the method of calculating land parcel shares related to the reconstruction of Apgujeong District 3. Yonhap News

On January 27, the Civil Division 48 of the Seoul Central District Court (Presiding Judge Kim Dokyun) held a hearing for the ownership transfer registration lawsuit (Case No. 2025Gahap12614) between 77 union members of Apgujeong District 3 and Hyundai Engineering & Construction.

The plaintiffs argued, "Shares of the land parcel should be transferred according to the ratio of exclusive area, in line with the intent of the Act on Ownership and Management of Aggregate Buildings and relevant precedents." The exclusive area refers to the actual indoor area of each household, excluding common spaces such as hallways or staircases. The plaintiffs, claiming that the statute of limitations for acquisitive prescription has been fulfilled, are seeking a prompt transfer of shares. Acquisitive prescription is a civil law principle that grants ownership if a person possesses property peacefully and openly with the intention of ownership for 20 years.

The defendant countered, "The ratio of land rights must be considered," citing the fact that the Apgujeong District 3 apartments were built before the Act on Ownership and Management of Aggregate Buildings was enacted in 1985. Land rights refer to the proportion of land ownership held by an apartment owner. The defendant also pointed out errors in the registry, such as the total sum of co-ownership shares exceeding 1, and argued that a review of the closed registry is necessary. They explained that transferring land shares without sufficient consideration could infringe upon the rights of third parties. Co-ownership shares represent the proportion of rights when multiple parties jointly own land that cannot be physically divided, as is the case with apartment complexes. The total ratio must be 100%, or 1.

The court stated that it would consider whether to conclude the proceedings after hearing both sides’ opinions in the next session. The next hearing is scheduled for March 24, when arguments will also be heard in another ownership transfer registration lawsuit filed by 52 other union members of Apgujeong District 3 against Hyundai Engineering & Construction. The responsible court for that case is the Civil Division 904 Single Judge of the Seoul Central District Court.

Apgujeong District 3 refers to 3,946 households in Hyundai Apartments 1 through 7, and 10, 13, and 14 in Apgujeong-dong, Gangnam-gu, Seoul. The majority of households have an exclusive area of at least 84 square meters. The reconstruction cost is estimated to be between 6 trillion and 7 trillion won. The union plans to hold a general meeting to select the construction company in the first half of this year.

The land parcel issue in Apgujeong District 3 surfaced when it was revealed that 40,706 square meters across nine parcels in Apgujeong-dong are owned by Hyundai Engineering & Construction, HDC Hyundai Development Company, and the Seoul Metropolitan Government. It is reported that land share ownership was not properly transferred during the development of Apgujeong-dong in the 1970s. According to Seoul Metropolitan Government’s “Maintenance Project Information Portal,” Apgujeong District 3 has 3,657 union members and 4,082 land and property owners.