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(영문) 대법원 2017.03.16 2013두11536

손실보상금등

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The defendant A and C of the plaintiff (Appointed Party) among the part against the plaintiff (Appointed Party) in the judgment of the court below.

Reasons

1. Determination ex officio as to the Plaintiff (Appointed Party) Company A and C’s expropriation ruling as of September 17, 201, and as to the claim to nullify the invalidity of the adjudication as of January 21, 201 (main claim) and the claim to revoke the adjudication as of January 21, 201

(a) According to Articles 54(1) and (2) and 55(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when the approval of completion of construction and the completion of construction are publicly announced, a project implementer who implements a housing redevelopment improvement project shall immediately notify the purchaser of the matters determined by the management and disposal plan through a site confirmation survey and division procedure of land, and transfer the ownership of the site or structure to the head of Si/Gun after public announcement of the details thereof in the official report of the relevant local government. In such cases, the purchaser of the site or structure shall acquire the ownership of the site or structure as of the day following the public announcement date, and in such cases, the right registered, such as superficies established on the previous land or structure, and the right of lease satisfying the requirements under

As can be seen, if the public notice on the transfer of ownership of a building site or structure becomes effective, the ownership of the right to the building site or structure becomes final and conclusive in accordance with the management and disposal plan, and a new legal relationship is created based on the same. Since the validity of the public notice on the transfer becomes effective uniformly and uniformly, the ownership of the right to the majority of the union members, etc. cannot be modified by separating only some of the following matters. Thus, it is not permissible to establish a management and disposal plan again from the beginning and make it invalid for all the public notice on the transfer of a building site or structure and to follow

Supreme Court Decision 201Du6400 Decided March 22, 2012