[환지계획인가처분취소][집13(2)행,001]
The nature of the land partition rearrangement association composed of several landowners in the urban planning zone with the approval of the Minister of Construction and Transportation under Articles 5 and 40 of the Urban Planning Act, Article 104 of the Land Improvement Project Act.
The land partition rearrangement cooperative for which the Minister of Construction and Transportation has obtained authorization for the implementation of the land rearrangement project shall have the authority of replotting disposition as a project implementer.
Articles 2, 5, 27, 40 of the Urban Planning Act, Article 3 (5) of the Enforcement Decree of the Urban Planning Act, Article 104 of the Land Improvement Project Act
Plaintiff
Do Governor of Gyeonggi-do;
Daegu High Court Decision 64Gu37 delivered on November 17, 1964
The original judgment shall be reversed, and
The case shall be remanded to the Daegu High Court.
We examine the first ground for appeal by the defendant's attorney.
According to the judgment of the court below, the urban planning project cannot be implemented unless the supervisory authority has obtained the authorization of the establishment of the land rearrangement project. Therefore, the land rearrangement project association in Daegu-si is not a voluntary organization and cannot be the subject of rights. Therefore, the defendant's land rearrangement project plan for the above association is an invalid disposition. However, in principle, the execution of the urban planning project shall be executed by the administrative authority pursuant to Article 5 (1) of the Urban Planning Act, but if the Minister of Construction and Transportation deems it necessary pursuant to Article 3 (5) of the Enforcement Decree of the same Act, the project may be executed by a person other than the administrative agency, and one or several landowners in the project area may obtain the authorization of the project implementation plan and rules and other necessary matters under Article 104 of the Land Improvement Project Act, which is applied mutatis mutandis under Articles 27 and 40 of the same Act, and if several owners of the above land obtain the authorization of the land rearrangement project within the project area of the Do governor, the land rearrangement project cannot be executed within the 7th of Daegu-gu City Urban Planning Act.
It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu