Text
The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.
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 grounds of appeal Nos. 1 and 2
A. According to Article 48(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; enforced August 2, 2012; hereinafter “former Act”), in cases where a project implementer intends to modify, suspend, or abolish a management and disposal plan, the project implementer shall obtain authorization from the head of Si/Gun including not only the cases where the management and disposal plan is formulated, but also the land or structures scheduled for parcelling-out, the estimated amount of the site or structures scheduled for parcelling-out by a person subject to parcelling-out, details of the plan for parcelling-out, and the date of announcement of the project implementation, the estimated amount of the rearrangement project cost and the timing for sharing the expenses, the detailed statement of rights other than ownership of the previous land or structures subject to parcelling-out, the detailed statement of rights for compensation by tenants and the appraised amount thereof, and other rights related to rearrangement projects, etc., based on the status of the application for parcelling-out.
In light of the contents, form, intent, etc. of the provisions related to the former Act on the Improvement of Urban Areas, where the head of a Si/Gun has formulated a new management and disposal plan to substantially modify the major parts of the original management and disposal plan, unlike the case of modifying the original management and disposal plan, the initial management and disposal plan becomes
(see, e.g., Supreme Court Decisions 2010Du19799, Feb. 10, 201; 201Du6400, Mar. 22, 2012). In such cases, the initial management and disposal plan becomes void.