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(영문) 대법원 2019.04.23 2018두55326
토지수용재결처분 취소 등
Text

1. Of the judgment below, the part of the Plaintiff’s claim against Defendant Local Land Expropriation Committee is reversed, and this is applicable.

Reasons

1. Ex officio determination on the Plaintiff’s claim against Defendant Seoul Special Metropolitan City and Local Land Expropriation Committee

A. According to Articles 54(1), 54(2), and 55(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), a project implementer who implements a housing redevelopment improvement project shall, without delay, notify the purchaser of the matters determined by the management and disposal plan through a land confirmation survey and a land division procedure when the approval of completion and the completion of construction are publicly announced, transfer the ownership of the site or building, and report the details thereof to the head of Si/Gun after public announcement in the official report of the relevant local government. The purchaser of the site or building shall acquire the ownership of the site or building on the date following the public announcement date, and in such cases, the right to registered superficies, etc. 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

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 a new legal relationship is created based on the same. Since the validity of the public notice on the transfer becomes effective uniformly and uniformly, the ownership of the right to the majority of the union members, etc. cannot be modified by separating only some of the following matters. Thus, it is not permissible to establish a management and disposal plan again from the beginning and make it invalid for all the public notice on the transfer of a building site or structure and to follow

Supreme Court en banc Decision 2011Du6400 Decided March 22, 2012 and Supreme Court en banc Decision.

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