[2] The validity of withdrawal of consent to establish a housing reconstruction association after filing an application for authorization to establish a housing reconstruction association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (=negative) and whether withdrawal of consent to establish a housing reconstruction association after filing an application for authorization to establish a housing reconstruction association is valid solely on the ground

[2] Article 28(1)5 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. 21679, Aug. 11, 2009; hereinafter “former Enforcement Decree”) provides that when calculating the number of consenters of owners of land, etc. to obtain authorization for the establishment of the association, only the person who withdraws consent before applying for approval or before applying for authorization for the establishment of the association shall be excluded, except in the case where there is no change in the matters provided in each subparagraph of Article 26(2) 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. 21679, Aug. 11, 2009; hereinafter “former Enforcement Decree of the Act”). Thus, the withdrawal of consent to the establishment of the association after applying for authorization cannot be deemed valid, even if the authorization for the establishment of a housing reconstruction project is revoked or invalidated by a judgment.

1. Where the disposition of authorization to establish a housing reconstruction project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is revoked or invalidated by a judgment, the disposition of authorization to establish the housing reconstruction project association becomes retroactively null and void at the time of the disposition, and accordingly, the relevant housing reconstruction project association also lose its status as a public corporation, which is an administrative body that can implement a housing reconstruction project under the Urban Improvement Act retroactively to the time of the disposition of authorization to establish the housing reconstruction project (see Supreme Court Decision 2008Da9585, Mar. 29, 2012). However, since the housing reconstruction project association still performs the affairs such as the handling of remaining affairs due to the loss of effect, it shall be the subject of rights and obligations within the scope of the purpose of liquidation until the liquidation is completed, and the association members shall also maintain their previous status within the scope of

Meanwhile, Article 28(1)5 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. 21679, Aug. 11, 2009; hereinafter “former Enforcement Decree”) provides that the number of consenters of land owners, etc. shall be calculated to obtain authorization to establish an association, excluding only those who withdraw consent before the application for approval or before the application for authorization to establish an association is filed, except where there is no change in the matters provided for in each subparagraph of Article 26(2) of the former Enforcement Decree of the Act. Thus, it is problematic whether the consent to establish an association is void after the application for authorization is filed, and whether the association withdrawal requirements are satisfied by the articles of association, etc.

2. A. According to the reasoning of the lower judgment and the record, ① on November 20, 201, 200, the reconstruction promotion committee consisting of tentatively named 'flag (e.g., Dong-dong, Gyeongyang, 3, 42-26) apartment reconstruction association' centered on the sectional owners of the native forest apartment located in Ansan-gu, Manyang-gu, 2001. ② The said reconstruction promotion committee held an inaugural general meeting on September 27, 2001 with a written consent from the sectional owners, and decided to pass a resolution for reconstruction and business plan, to approve the partnership rules and regulations, and to confirm the performance of the promotion committee's establishment on October 8, 2003, and to dismiss the Plaintiff's request for establishment approval from the competent administrative agency on November 19, 2003 (hereinafter referred to as the "instant approval for establishment"), and the Plaintiff's remaining association's housing reconstruction project area is likely to suffer losses from the association's existing housing reconstruction project site.

B. Examining these facts in light of the above legal principles, even if the judgment confirming the invalidity of the disposition approving the establishment of the instant association became final and conclusive, the Defendant Union will be the subject of rights and obligations within the scope of the purpose of liquidation, the members of the instant association shall maintain their previous status within the scope of the purpose of liquidation, and the articles of association, etc. shall be effective within the scope of the purpose of liquidation. Thus, the expression of intent to withdraw from the instant association after the application for authorization is made cannot be said to be valid as the withdrawal of consent to establish the association under Article 28

Therefore, the first ground for appeal cannot be accepted on a different premise.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

[Attachment] List of Selections: Omitted

Justices Park Poe-young (Presiding Justice)