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(영문) 대법원 2014.03.13 2012두14095
조합설립인가무효확인
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Before the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was amended by Act No. 11293 on February 1, 2012

c. The term “former Urban Improvement Act” (hereinafter referred to as “former Urban Improvement Act”).

When the committee for the promotion of housing redevelopment projects and urban environment rearrangement projects intends to revise the matters established or authorized by the committee for the promotion of housing redevelopment projects and urban environment rearrangement projects, it shall obtain authorization from the owners of lands, etc., along with the articles of association, etc. with the consent of at least 3/4 of the owners of lands, etc. and at least 1/2 of land size: Provided, That when it intends to revise minor matters prescribed by the Presidential Decree among the authorized matters, the said matters shall be reported to and revised to the head of Si/Gun without the consent of association members (Article 16(1)). Article 17(1) of the Enforcement Decree of the former Act on the Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 2407, Jul. 31, 2012) provides that the matters necessary for the methods and procedures for calculating the number of consenters of the owners of lands, etc. under the delegation shall be prescribed by the Presidential Decree.

A. The Enforcement Decree of the former Act on the Maintenance and Improvement of Urban Areas (hereinafter “former Enforcement Decree”).

The owner of a plot of land, etc. may withdraw consent or express his/her opposition before filing an application for authorization to establish an association under Article 17(1) of the former Act, but the matters specified in Article 26(2) (which shall be included in the written consent; hereinafter referred to as “matters included in written consent”) after consenting to the authorization to establish an association under Article 16 of the former Act.

(ii)Where a change has not been made, no withdrawal may be made even before an application for authorization to establish an association is filed (Article 28, paragraph 4, the owner of a plot of land, etc. who seeks to withdraw the consent or to express his/her objection shall certify the content of the withdrawal accompanied by a certificate of personal seal impression attached to

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