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(영문) 대법원 2015.06.11 2013두15262

사업시행인가무효확인

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the assertion that the owner of the land is the trustee where the real estate was a security trust or a disposal trust

A. According to Article 2 subparagraph 9 (a) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter “Urban Improvement Act”), in cases of an urban environment improvement project, the owner of land, etc. refers to the owner or superficies of the land or building located in the rearrangement zone, and pursuant to the main sentence of Article 28 (7) of the same Act, in cases where the owner of land, etc. intends to implement an urban environment improvement project, he/she shall obtain the consent of at least 3/4 of the owners of the land, etc.

In the case of an urban environment improvement project, each item of Article 28 (1) 1 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. 22277, Jul. 15, 2010; hereinafter “Enforcement Decree of the Urban Improvement Act”) shall be calculated as the owner of land, etc. when one parcel of land or one building belongs to the joint ownership of several persons, one representative of such persons shall be calculated as the owner of land, etc., and where superficies is established on the land, the owner of land and one representative of persons with superficies on the land shall be calculated as the owner of land, etc., and where one person owns a lot of land or a large number of buildings, the owner of land, etc. shall be calculated as one person regardless of the number of parcels of land or buildings, etc., but in such cases, the previous owner of land or building acquired for the purpose of improvement project after the designation of the rearrangement zone shall be calculated as the number of landowners, etc.,