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Construction & Real Estate

Atlas Legal has handled construction and real estate disputes from its offices in Songdo, Incheon — including construction payment claims, defect warranty disputes, and real estate sale and lease litigation. In construction matters, we have secured claims by pursuing provisional attachments and exercising contractor’s liens in parallel for unpaid prime and subcontracting fees, and obtained damages judgments in defect disputes through the expert assessment process.

In real estate matters, we cover the full range — sale contract breaches, contract rescission and penalty disputes, tenant deposit return and eviction proceedings, key money recovery obstruction claims, aggregate building defect warranty litigation, and title trust cancellation and ownership transfer registration disputes. We apply the Housing Lease Protection Act, the Commercial Building Lease Protection Act, and the Act on Ownership and Management of Aggregate Buildings with precision to maximize client protection.

Our Songdo location allows us to handle Incheon District Court cases efficiently, and we are well-positioned to respond to construction site and real estate disputes across the western Seoul metropolitan area — Incheon, Bucheon, Gimpo, and Siheung. The three-year statute of limitations on construction payment claims under Article 163 of the Korean Civil Act makes prompt action particularly critical.

Services

Construction Payment Claims

Payment orders, civil litigation, provisional attachments, and contractor’s lien enforcement for unpaid prime and subcontracting fees. Direct payment claims against project owners (Construction Industry Basic Act Article 35), statute of limitations management (Korean Civil Act Article 163)

Defect Warranty Disputes

Defect repair and damages claims under Korean Civil Act Articles 667–671. Expert assessment applications, responding to expert opinions, application of aggregate building defect warranty special provisions under the Act on Ownership and Management of Aggregate Buildings

Real Estate Sale Disputes

Sale contract breaches, rescission and penalties, ownership transfer registration claims, double sale damages, provisional registration preservation. Seller’s warranty liability for defects and title defects

Lease Disputes

Residential and commercial deposit return, eviction, lease right registration orders, lease renewal claims, prohibition on key money recovery obstruction (Commercial Building Lease Protection Act Article 10-4), scope of restoration obligations

Construction Contract Advisory

Construction contract review, design change negotiations, extension of time claims, liquidated damages disputes, contract termination response. Analysis of multi-tier contract structures: owner — prime contractor — subcontractor

Real Estate Registration Disputes

Title trust cancellation, ownership transfer registration cancellation, mortgage registration and cancellation, acquisitive prescription by possession, boundary and right-of-way disputes. Specialist in Incheon District Court cases under real property location jurisdiction

When You Need a Construction & Real Estate Lawyer

  • Construction fees go unpaid: Construction payment claims are subject to a three-year statute of limitations under Korean Civil Act Article 163. After sending a demand letter, payment orders and provisional attachments must be pursued without delay.
  • Defects are discovered after completion: Defect repair or damages claims must be brought within the warranty period — five years for ordinary buildings, ten years for reinforced concrete structures. Preparing for the expert assessment process is critical.
  • Construction delays trigger liquidated damages claims: A legal defense strategy is needed — including arguments on fault attribution, grounds for extension of time, and the cap on liquidated damages.
  • A real estate sale contract is not performed: The scope of the right to rescind depends on the deemed deposit forfeiture provision (Korean Civil Act Article 565) and the timing of commencement of performance — immediate legal review is essential.
  • A landlord refuses to return a lease deposit: A lease right registration order preserves the tenant’s priority rights while allowing them to vacate, enabling a simultaneous deposit return lawsuit.
  • A landlord obstructs key money recovery: A landlord’s refusal to contract with a new tenant or other interference constitutes a violation of Commercial Building Lease Protection Act Article 10-4, giving rise to a damages claim.

Representative Matters

Construction Payment

Unpaid subcontracting fees at an Incheon construction site — secured payment through provisional attachment of the prime contractor’s assets and exercise of a direct payment claim against the project owner under Construction Industry Basic Act Article 35

Defect Warranty

Aggregate building defect warranty litigation — proved construction defects through the expert assessment process and obtained a damages judgment against the contractor

Sale Dispute

Real estate sale contract rescission dispute — successfully argued that commencement of performance had occurred, preventing the seller’s rescission and obtaining a judgment for ownership transfer registration

Lease Dispute

Damages for key money recovery obstruction — proved that the landlord’s refusal to contract with the incoming tenant violated the Commercial Building Lease Protection Act, obtaining a damages judgment equivalent to the key money

Registration Dispute

Title trust cancellation and ownership transfer registration — proved a long-standing title trust relationship and obtained a judgment for ownership transfer registration in favor of the true owner