[비즈한국] It has been confirmed through Bizhankook's coverage that Booyoung Group has been engaged in a year-long legal dispute with the developer of a redevelopment project near the Booyoung Building in Jung-gu, Seoul, where its holding company is headquartered. In November of last year, the developer installed a safety fence on the land east of the Booyoung Building—which was incorporated into the site for a public office building as part of the redevelopment—and began construction. In protest, Booyoung filed an injunction to prohibit the obstruction of passage. Currently, after having its request rejected twice by the courts, Booyoung has appealed again and is awaiting a judgment from the Supreme Court.
The Seoul High Court dismissed Booyoung's appeal in August regarding the injunction it filed against Civic Center PFV to prevent the obstruction of passage. Previously, in November of last year, Booyoung filed for the injunction after Civic Center PFV installed a safety fence on the land east of the Booyoung Building in Seosomun-dong, Jung-gu, Seoul, and began construction of a public office building. However, when the court issued a dismissal in January of this year, Booyoung immediately appealed.
Civic Center PFV is the developer for the Seosomun Districts 11 and 12 redevelopment project in Jung-gu, Seoul. It was established through equity investments from the real estate development firm City Core, along with Central Holdings, Samsung SRA Asset Management, Hana Financial Investment, and CJ Logistics000120. The redevelopment site, located in the area of 58-9 Seosomun-dong, Jung-gu, where the former JoongAng Ilbo and CJ Logistics buildings stood, is planned to feature a new office facility spanning 8 basement levels and 36 floors above ground.
The site of the dispute is the land to the east of the Booyoung Building. Spanning a total of 840 square meters, it was initially used as a public parking lot and walkway before being incorporated into the public office building site following a change in the maintenance plan in June 2020. Civic Center PFV plans to build the "Sogong-dong Administrative Complex," a facility with 3 basement levels and 11 floors above ground, and donate it to Jung-gu. In November of last year, they installed safety fences and commenced construction on the public office building.
Booyoung immediately protested the installation of the safety fence at the Sogong-dong Administrative Complex site. The Booyoung Building currently has entrances on the 1st floor (main entrance) and the basement level 1 (rear entrance), and the walkway on the public office building site was connected to the B1 entrance, where various shops and amenities are located. Booyoung argued that if this passage were blocked, it would cause inconvenience to employees and visitors of Booyoung and its tenants, while also creating safety concerns.
A person working near the Booyoung Building said, "There used to be a passage leading to the Booyoung building entrance where the fence is currently blocking access. It was usually busy, and sometimes quite crowded during lunch hours. Protests against the closing of the passage were held toward the end of last year, but I haven't seen any recently."
Booyoung filed for the injunction to prohibit the obstruction of passage in November last year, when the fence was installed. The argument is that since Civic Center PFV installed a fence in front of a building owned by the company, it is unjustly infringing upon their ownership and freedom of movement; therefore, the obstructions should be removed and further interference should be prohibited. In its appeal, Booyoung reportedly also argued that it possesses a "heightened right of general use" for this walkway, which is utilized by many, compared to the general public.
The court did not accept Booyoung's claims. In both the first instance and the appeal, the courts dismissed the claims, considering factors such as: the Booyoung Building having a 1st-floor entrance; the B1 entrance being connected to paths other than the one on the public office site; the fact that a public building is being constructed for donation to the local district; and that a 3-meter-wide path is planned to be reinstalled after completion. Furthermore, the appellate court noted that Booyoung does not have a special usage relationship with the path that distinguishes it from other members of the general public.
The appellate court ruled, "The installation of a safety fence cannot be viewed as an act that objectively violates social order or constitutes an abuse of rights."
Despite the repeated dismissals, Booyoung is continuing its litigation. Following the rejection of its appeal in late August, Booyoung filed a re-appeal in September, refusing to accept the decision. Ultimately, the dispute over the passage has now reached the Supreme Court. The Supreme Court began reviewing the legal principles in September, and Booyoung submitted a preparatory document to the Court in late October. It is reported that no separate main lawsuit regarding the obstruction of passage has been filed.
A representative from Civic Center PFV stated, "Since the previous injunctions were dismissed by the courts, Booyoung's claims are unreasonable," adding, "While the construction of the public office building is proceeding without issues, it is regrettable that time and money are being spent on unnecessary litigation." Bizhankook also inquired with Booyoung regarding this injunction, but received no specific response.