주택재건축정비사업조합설립인가처분취소
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13912, Jan. 27, 2016; hereinafter “Urban Improvement Act”); Article 16 of the same Act to obtain authorization for the establishment of a housing reconstruction project; at least 2/3 of sectional owners of each building in a housing complex; at least 1/2 of land size; at least 3/4 of all sectional owners in a housing complex; and landowners at least 3/4 of land size within a housing complex; and at least 3/4 of land size are included in a rearrangement zone (paragraph (2)); notwithstanding paragraph (2), if an area which is not a housing complex is included in a rearrangement zone, consent of at least 3/4 of land owners and at least 2/3 of land size within an area which is not a housing complex;
(3) is defined in subsection (3).
However, according to Article 28(1)2(a) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 27409, Jul. 28, 2016; hereinafter “Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), where the ownership or sectional ownership belongs to several co-ownerships, one representative of such several persons shall be calculated as the owner of the land, etc. In so doing, in calculating the consent rate of the owner of the land or building pursuant to Article 16(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, if there are several co-ownerships of the land or one building, the owner of the land or building shall be deemed to have consented to the establishment of the association or consent to the establishment of the co-owners without the consent of all the co-owners, and if only a part of them
On the other hand, Article 28 (1) 4 of the Enforcement Decree of the Urban Improvement Act shall be included in the land register, the copy of the register, the land register, and the building management ledger.