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(영문) 대법원 2017.03.30 2013두840
토지수용재결무효
Text

The judgment of the court of first instance is reversed, and the judgment of the court of first instance is revoked, and all the lawsuits are dismissed.

Of the total cost of litigation.

Reasons

Judgment ex officio is made.

1. 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 (hereinafter “Urban Improvement Act”), 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 through a site confirmation survey and division procedure of land, and transfer the ownership of the site or structure to the purchaser; and after publicly notifying the details thereof in the official report of the relevant local government, the purchaser of the site or structure shall acquire the ownership of the site or structure on the date following the announcement date, and in such cases, the right registered, such as superficies established on the previous land or building, and the right to lease that meets the requirements under Article 3(1) of the Housing Lease Protection Act shall be deemed to have been established on the site or

As can be seen, 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 based on the same becomes effective. As long as the ownership belonging to the majority of the union members, etc. is uniformly and uniformly treated as a result of the effectiveness of the public notice on the transfer, only some of the following cannot be separately amended. Thus, the whole public notice on the transfer becomes null and void and void, thereby subject to the procedure of establishing a management and disposal plan

(See Supreme Court en banc Decision 2011Du6400 Decided March 22, 2012, and Supreme Court Decision 2011Du20680 Decided September 25, 2014). The nature of public interest and collective law of a rearrangement project as seen above and its transfer announcement have already been established.

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