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(영문) 대법원 2017.06.15 2017도2532
도시및주거환경정비법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Article 81(1) of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (amended by Act No. 13508, Sep. 1, 2015; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”) provides that “The chairperson of a promotion committee or a project implementer (in cases of a cooperative, referring to its representative where the owner, such as an executive officer, a land owner, etc., independently implement an urban environment improvement project) shall also disclose the following documents and related data related to the implementation of a rearrangement project along with the Internet and other methods, within 15 days after the preparation or alteration of the documents and relevant data:

Article 86 subparag. 6 of the former Act on the Maintenance and Improvement of Urban Areas lists documents to be disclosed to the public in subparagraphs 1 through 9, and Article 81 subparag. 6 of the former Act provides that “Where the documents and materials relating to the implementation of a rearrangement project are not disclosed to the public in parallel with the Internet in violation of Article 81(1) or the request of members or owners of land, etc. for their perusal, etc. in violation of Article 81(6), “the chairperson of the Promotion Committee or the executives of the association (where the owners of land, etc. independently implement the urban environment improvement project, etc.

As such, Article 21(1) of the former Urban Improvement Act provides for one president, director, and auditor as an executive officer of the partnership, and Article 27 of the Civil Act provides that the provisions concerning incorporated associations of the Civil Act shall apply mutatis mutandis to the partnership, except as otherwise provided for in the above Act, since Article 52-2 of the Civil Act provides that the provisions concerning incorporated associations of the Civil Act shall apply mutatis mutandis to partnership.

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