Court Rules Construction Approval for 'Gaepo Xi,' Where Move-in Suspension Occurred, Was Lawful

Kindergarten, Lawsuit Challenging Completion Approval Dismissed

A court ruling has upheld the validity of the completion approval for 'Gaepo Xi Presidents' (reconstruction of Gaepo Jugong Complex 4), where a halt in move-ins occurred due to disputes related to the kindergarten within the apartment complex.

Seoul Administrative Court building.
[Photo by Asia Economy DB]

According to the legal community on the 5th, the Seoul Administrative Court Administrative Division 11 (Presiding Judge Kim Jun-young) ruled against Gyeonggi Kindergarten in a lawsuit filed against the Gangnam District Office of Seoul seeking to nullify the completion approval. The court stated, "The defendant, having confirmed that the 35 apartment buildings with 3,375 households and ancillary welfare facilities were constructed according to a lawful and valid project implementation plan, must issue the completion approval accordingly."

In 2020, Gyeonggi Kindergarten, located within the Gaepo Xi complex, filed a lawsuit against the reconstruction association, demanding the cancellation of the management disposition plan. Their argument was that after reconstruction, the land previously solely owned by the kindergarten would be jointly owned with other housing owners, infringing on their property rights. In January of last year, the first-instance court partially accepted this claim, ruling partially in favor of the plaintiff and suspending the effect of the management disposition plan.

On February 28 of last year, the Gangnam District Office issued a 'partial completion approval' for Gaepo Xi, and the kindergarten filed a lawsuit claiming, "Since the effect of the management disposition plan is suspended, the partial completion approval is invalid." The court stated, "Whether the management disposition plan is unlawful does not affect the validity of the completion approval, nor can the completion approval be considered a subsequent disposition premised on the validity of the management disposition plan. The Seoul High Court canceled the first-instance court's injunction decision on the management disposition plan in February, ruling that it cannot be considered unlawful as it does not essentially infringe on property rights."