Whether a member of a reconstruction association subject to the Housing Construction Promotion Act may seek compensation for the existing housing from a reconstruction association (negative)

Where housing is reconstructed by establishing a reconstruction association subject to the Housing Construction Promotion Act, a person who becomes a partner by consenting reconstruction shall bear the duty to transfer the existing housing and land owned within the project zone to the association for the purpose of trust in order to achieve the objectives of the reconstruction project of the association as prescribed by the rules of the association concerned, and have the right to purchase new housing in response thereto, and there is no right to seek compensation for the existing housing from

Article 3 Subparagraph 9 of the Housing Construction Promotion Act, Articles 44 and 44-3 of the Housing Construction Promotion Act

A reconstruction association of an indoor residential apartment;

Defendant

Daegu High Court Decision 98Na2618 delivered on December 17, 1998

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

In the case of rebuilding of housing by establishing a reconstruction association subject to the Housing Construction Promotion Act, the person who becomes a partner by consenting rebuilding shall bear the obligation to transfer the existing housing and land owned within the business area to the association for the purpose of trust in order to achieve the purpose of rebuilding of the association as prescribed by the regulations of the association concerned, and have the right to purchase new housing in response thereto, and there is no basis to seek compensation for the existing housing from the reconstruction association.

The court below determined that the defendant who consented to reconstruction is a member of the plaintiff's association and is obligated to transfer the ownership of the site of this case to the plaintiff for the purpose of trust, and further held that the defendant's assertion that the plaintiff cannot comply with the plaintiff's claim for the transfer registration of ownership of the plaintiff's association until he receives compensation and consolation money for the existing apartment, cannot be a legal ground for refusing the plaintiff's claim. The above judgment of the court below is just in light of the above legal principles, and there is

Therefore, the appeal is dismissed and all 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.

Justices Lee Jae-soo (Presiding Justice)