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The judgment below
The part against the plaintiffs is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. Article 19(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”) provides that “Members of a rearrangement project (excluding a rearrangement project implemented by the head of a Si/Gun/Gu or the Korea Housing Corporation, etc.) shall be owners of land, etc. (limited to those who consent to a housing reconstruction project in cases of a housing reconstruction project), but one member representing such number shall be deemed to be members, if any of
Article 60(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The cost of the rearrangement project shall be borne by the project implementer except as otherwise provided for in this Act or other Acts and subordinate statutes,” and Article 61(1) provides that “The project implementer may impose and collect the difference between the cost and the income accrued in the course of implementing the rearrangement project under Article 60(1) from the owner of land, etc., as the charge,” and Article 61(3) provides that “The matters necessary for the imposition and collection of the charge and the late payment charge under paragraphs (1) and (2) shall be determined by the articles of incorporation, etc.”
In addition, Article 47 of the former Act on the Improvement of Urban Areas shall be liquidated in cash for land, buildings or other rights within 150 days from the date of falling under any of the following subparagraphs, if owners of land, etc. fall under any of the following subparagraphs:
1. An applicant for parcelling-out:
2. Persons who have withdrawn the application for parcelling-out;
3. A person who is excluded from the objects of parcelling-out according to the management and disposal plan approved under Article 48, and the same shall be determined.