Real Estate Practice Group
Cancellation of Project Plan Due to Infringement of Environmental Righ…
2026-02-06
Cancellation of Project Plan Due to Infringement of Environmental Rights and Abuse of Discretion Regarding a Retained Building
1. Fact Summary and Background
• Client Situation: The client (Plaintiff) is the owner of "D" Cathedral, a religious facility located within
the "B" Redevelopment District in Seoul, and is a member of the association.
• Case Background: Initially, the cathedral was planned to be demolished and relocated.
However, following the client's persistent requests,
the redevelopment plan was changed to "retain" the cathedral at its current location.
• Cause of Dispute: While the Defendant Association revised the project plan to keep the cathedral,
they placed five apartment buildings (up to 19 stories high) in the immediate vicinity (approx. 10 meters away).
• Major Damages: If executed, the cathedral would be completely surrounded by high-rise buildings,
resulting in a near-total loss of sunlight (continuous sunlight duration reduced to 0 minutes)
and severe privacy violations, with apartment windows overlooking the interior of the cathedral and the convent.
2. Key Legal Issues
• Abuse of Discretionary Power: Whether the Association, as an administrative body,
properly weighed the public interest against the private interest
(the client's environmental rights and freedom of religious activity) when establishing the plan.
• Limits of Building Act Exceptions: Whether the "Special Construction Zone" designation,
which waives certain sunlight height restrictions,
can justify infringements that exceed the "socially acceptable limit" (limit of endurance).
• Omission of Proportionality (Balancing of Interests): Whether the Association prioritized the convenience of other members
while entirely neglecting the living interests and environmental rights of the cathedral's users.
3. Execution and Achievement
• LKP’s Role and Arguments:
o Emphasized the cathedral's historical significance (established in 1957) and
the stable environment enjoyed by resident priests, nuns, and approximately 3,700 parishioners.
o Proved through expert appraisal that the sunlight infringement
rate would reach 80–100% after the apartment construction, clearly exceeding the limit of endurance.
o Pointed out procedural illegality, as the newly planned road
would encroach upon essential cathedral facilities (mechanical rooms, emergency exit stairs) without prior consultation or consideration of alternatives.
• Result for the Client: The Seoul High Court canceled the Defendant Association's Revised Project Plan.
• Significance of the Case:
o Clarified that for retained buildings in redevelopment zones, a
ssociations must go beyond a formal "retention" decision and ensure minimum
environmental rights so the building can function for its original purpose.
o Confirmed that individual environmental rights and living interests cannot be
unconditionally sacrificed for vague reasons like "increased project costs" or "public interest of housing improvement"







