At Eunma Apartments in Daechi-dong, Gangnam-gu, Seoul, which is pushing to relocate residents in the first half of next year, some tenants are calling for additional compensation such as moving expenses. The association says that if the project is delayed because relocation is refused without justifiable reason, it will file eviction lawsuits and seek damages. The legal community notes that, unlike redevelopment, reconstruction projects like Eunma Apartments have no legal obligation to pay tenants housing relocation costs or moving expenses.
On the 19th, posts about tenant relocation and compensation were uploaded to the Eunma Apartments community chat room on the local life platform Karrot. A person who identified as a tenant at Eunma Apartments, identified as A, said, "If you relocate as slowly as possible, there are cases where the association gives an additional amount for moving expenses," and added, "I plan to hold out as long as possible within the legal scope." The point is that delaying relocation could lead to additional support from the association.
In response, other residents countered, "Were you not aware that Eunma Apartments has been pursuing reconstruction for decades?" There were also voices expressing the burden of relocating. Another user, identified as B and appearing to be a tenant, said, "We have been raising our children in poor conditions, and now we are about to be pushed all the way to Gyeonggi Province without any measures," expressing a sense of helplessness.
What B mentioned was a relocation plan notice recently distributed to tenants by the Eunma Apartments Reconstruction and Maintenance Association. According to the notice, the association said it plans to file building eviction lawsuits and applications for provisional injunctions prohibiting transfer of possession along with the relocation commencement announcement.
In the notice, the association said, "If the project is delayed because relocation is refused without justifiable reason, we will seek damages for financing and project expenses." It also plans to file unjust enrichment claims if occupants continue to possess the units after the relocation period ends.
Eunma Apartments received approval for its project implementation plan on the 2nd of last month and is currently preparing to establish the management and disposal plan. The association is pushing a plan to begin relocation in the first half of next year after receiving approval for the management and disposal plan.
Once the approval for the management and disposal plan is publicly announced, owners, registered jeonse right holders, and leasehold right holders are, in principle, not allowed to use or derive revenue from the existing buildings. Tenants must deliver the home even if time remains on the lease. The Housing Lease Protection Act also stipulates that the landlord may refuse a request to renew the contract if the dwelling is to be demolished or reconstructed under other laws. Instead, tenants may terminate the contract and demand the return of their deposit.
Tenant compensation differs between redevelopment and reconstruction. In redevelopment, tenants who meet certain requirements receive housing relocation costs and moving expenses. In contrast, typical apartment reconstruction has no legal obligation to pay such expense. An association may provide separate support funds to facilitate smooth relocation, but this is not compensation guaranteed by law.
An industry official said, "We understand tenants' housing insecurity, but if they delay relocation in hopes of additional compensation, they could face economic burdens such as eviction lawsuit expense or the return of unjust enrichment." However, liability for damages is not automatically recognized. The association must prove that the project was actually delayed due to the tenant's relocation delay and the amount of resulting damages.