‘Apartment divided by road’ Yeouido Plaza, one step ahead of separate reconstruction
A road was opened for Gwangjang Apartments (744 households) in Yeouido, Seoul, to separate the buildings separated by the roadside and promote the reconstruction separately. The Court of Appeal overturned the original court and approved the separation and reconstruction.
The 11th administrative division of the Seoul High Court (Judges Bae Jun-hyeon, Lee Eun-hye, and Bae Jeong-hyeon) overturned the original court on May 11, and overturned the original court in the appeals court for the cancellation of the designation disposition of the reconstruction project operator filed by the Yeouido Gwangjang Apartment Complex Reconstruction (Buildings 1 and 2) against the Mayor of Yeongdeungpo-gu. The plaintiffs’ claim was dismissed.
The Gwangjang Apartment, completed in 1978, is divided into two residential lots, with Yeouinaru-ro (25m road) in between, and buildings 1 and 2 and buildings 3 to 11 (there is no building 4). Initially, Gwangjang Apartments was pursuing an integrated reconstruction, but the problem was that the floor area ratios of the two lots were different. The floor area ratio of Buildings 1 and 2 (243.19%) is more than 40 percentage points higher than that of Buildings 3-11 (199.47%). For this reason, the owners of Buildings 3 to 11 have been promoting the separation and reconstruction of the trust-type (Korea Real Estate Trust) in 2018.
In the midst of this, when the Yeongdeungpo-gu Office approved the separation and reconstruction, the owners of Buildings 1 and 2 filed an administrative lawsuit against the Yeongdeungpo-gu Office in the Seoul Administrative Court. In the first trial on September 18, last year, buildings 1 and 2, claiming the integrated reconstruction, won the case. The court cited the arguments of the owners of Buildings 1 and 2, saying that it can be viewed as a single complex from a ‘sociocultural point of view’ because it is an apartment built on two or more pieces of land managed jointly.
However, in this appeal, the court ruled in favor of the owners of buildings 3-11. The court of appeals judged that Buildings 3 to 11 were ‘a single housing complex capable of independent maintenance projects with a group of land on which houses were built with business plan approval’ under Articles 2 and 7 (a) of the Urban and Residential Environment Improvement Act. Buildings 1 and 2 were removed and viewed as separate housing complexes that could be independently maintained.
With the decision of the appeals court, the Gwangjang Apartment Buildings 3-11 Reconstruction Promotion Committee is in the position to hold a general meeting of residents in June to promote the reconstruction process. The plan is to borrow a trust account from Korea Real Estate Trust to select an urban planning company, establish a basic plan, and include a new communication plan.
However, if the 1st and 2nd buildings claiming the integrated reconstruction appeal against the result of this appeal, there are many variables in the Gwangjang Apartment Reconstruction project until the Supreme Court makes a final decision.
[ⓒ 매일경제 & mk.co.kr, 무단전재 및 재배포 금지]