Jeong-Hwan Kim

Mr. Jeong-Hwan Kim is a partner in the Construction and Real Estate Dispute Group at Shin & Kim, and his main practice areas include construction and real estate disputes, real estate trusts, urban planning projects, and urban development projects.

Since joining Shin & Kim, Mr. Kim has accumulated a wealth of experience mainly in advising on and litigating construction real estate disputes. In particular, he successfully won several cases in relation to various disputes that occurred in real estate development projects, such as real estate trusts, reconstruction and redevelopment, and urban development projects.

Disputes Related to Real Estate Development Projects

• Represented client in litigation related to approval for the establishment of an urban development project association
• Advised client on collective land replotting in an urban development project
• Represented client in litigation related to the sale of land in an urban development project
• Represented client in litigation related to a public solicitation process for an urban development project
• Represented client in litigation related to a project implementation agreement for a free economic zone development project
• Represented client in litigation related to the revocation of preferred bidder status for an urban planning facility project
• Advised and represented clients in litigation related to private park development projects under the special exception scheme, and more.

Disputes Related to Reconstruction and Redevelopment Projects

• Represented client in litigation related to a reconstruction association, including the election of officers
• Represented client in litigation related to a management and disposition plan involving commercial property owners
• Represented client in litigation related to the replacement of a contractor in an urban renewal project
• Represented client in litigation related to construction costs and interference with construction work in an urban renewal project
• Represented client in litigation related to the eviction of a religious facility located within an urban renewal zone
• Advised client on the lapse of a project implementation plan for a market redevelopment project, and more

Disputes Related to Real Estate Trusts

• Advised and represented client in litigation related to a trust company's obligation to ensure completion of construction
• Represented client in litigation related to disputes over entitlement to preferential beneficiary rights under a trust agreement
• Advised and represented client in litigation related to procedures for the disposition of trust property
• Advised and represented client in litigation related to the settlement of proceeds from the public sale of trust property
• Represented client in litigation related to fraudulent trusts in connection with real estate development projects, and more

Construction-Related Administrative Disputes

• Advised and represented client in litigation related to the imposition of penalty points under the Construction Technology Promotion Act
• Represented client in litigation related to name lending and cancellation of construction business registration under the Framework Act on the Construction Industry
• Represented client in litigation related to corrective orders under the Act on Sale of Building Units
• Represented client in litigation related to sewerage impact charges under the Sewerage Act
• Represented client in litigation related to metropolitan transportation facility charges under the Special Act on the Management of Intercity Transport in Metropolitan Areas
• Advised client on special planning zones under district unit plans, and more

Disputes Related to Construction Payments

• Represented client in litigation related to damages for lost profits arising from the replacement of a contractor
• Represented client in litigation related to claims for remuneration for design services under the Commercial Act
• Represented client in litigation related to liquidated damages for delay in projects including the construction of solar power plants and pharmaceutical manufacturing facilities
• Represented client in litigation related to direct payment claims under subcontracting agreements
• Advised and represented client in litigation related to price adjustments due to fluctuations in major construction projects, and more

Lease-Related Disputes

• Represented client in litigation related to rental business registration for youth housing near subway stations
• Advised client on the interpretation of a lease agreement for a wind power plant site
• Advised and represented client in litigation related to the eviction of a tenant from a hotel in Incheon
• Advised and represented client in litigation related to the eviction of a tenant from leased premises at COEX
• Advised client on and represented client in litigation related to claims for rent reduction involving airport duty-free stores, and more

Disputes Related to Property Sales

• Represented client in litigation related to the price ceiling system applicable to the sale of units in mixed-use developments
• Represented client in litigation related to the cancellation and termination of sale contracts for commercial units and officetels
• Represented client in litigation related to the cancellation and termination of sale contracts for serviced residences
• Represented client in litigation related to the cancellation and termination of sale contracts for "life office" units
• Represented client in litigation related to the termination of sale contracts and recovery of loans under interim payment loan agreements, and more

Other Matters

• Represented client in litigation related to damages arising from a fire at an LNG storage tank
• Advised client on damages arising from a battery fire in an energy storage system (ESS)
• Represented client in litigation related to damages arising from buried waste at an officetel development site
• Represented client in litigation related to the interpretation and validity of a testamentary substitute trust
• Represented client in litigation related to settlement payments upon withdrawal from a cooperative, and more