beta
(영문) 대법원 2015.02.16 2013두10366

조합설립 변경인가취소

Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The total cost of the lawsuit shall be the cost of the lawsuit.

Reasons

Judgment ex officio is made.

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, when authorization for completion of construction and completion of construction are publicly announced, a project implementer who implements a housing redevelopment improvement project shall, without delay, notify a purchaser of the matters determined by the management and disposal plan after going through a site confirmation survey and division procedure of land, and transfer the ownership of the site or building, and shall report the details thereof to the head of Si/Gun after public announcement in the official report of the relevant local government. In such cases, the purchaser of the site or building acquires the ownership of the site or building on the day following the date public announcement is made. In such cases, the rights registered, such as superficies established on the previous land

As above, 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 the ownership of the right to the building site or structure becomes new legal relationship is created again based on the same. As long as the ownership ownership relationship to the majority of the union members, etc. is uniformly handled due to the validity of the public notice on the transfer, only some of the following can not be separately modified. Thus, it is not permissible to establish a management and disposal plan again from the beginning and to follow the procedures for the transfer public notice,

(see, e.g., Supreme Court en banc Decision 2011Du6400, Mar. 22, 2012; Supreme Court Decision 2011Du20680, Sept. 25, 2014). The nature of the improvement project as above and the legal relationship already formed according to the transfer notification, thereby protecting legal stability.