The case holding that, in case where the land, etc. in the overheated speculative district was incorporated into the project site of the association by the authorization for establishment and alteration of the existing housing reconstruction and improvement project association after December 31, 2003, the transferee who purchased the land, etc. so incorporated does not fall under paragraph (2) of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents ( December 31, 2003) and

Article 19(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Paragraph (2) of the Addenda ( December 31, 2003)

Sam Chang Apartment Housing Reconstruction and Improvement Project Association (Law Firm Eul, Attorneys Cha Ho-ho et al., Counsel for the plaintiff-appellant)

Sungnam City

Seoul High Court Decision 2007Nu14246 decided Nov. 14, 2007

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

In full view of the selected evidence, the court below: (a) purchased a new association establishment authorization from the defendant on May 19, 2003 for the reconstruction project of Samwon-dong 3748-1, 200; (b) purchased a new association establishment authorization from the non-party 2 to the non-party 3, the non-party 4, the non-party 2, the non-party 2, the non-party 2, the non-party 2, the non-party 3, the non-party 2, the non-party 2, the non-party 2, the non-party 3, the non-party 2, the non-party 2, the non-party 4, the non-party 2, the non-party 2, the non-party 2, the non-party 3, the non-party 2, the non-party 4, the non-party 2, the non-party 5, the non-party 2, the non-party 2, the non-party 4, the non-party 2, the non-party 2, the non-party 2, the non-Dong

(3) The court below held that the transferee of the land or structure of the housing reconstruction project after the authorization for the establishment of the housing reconstruction project is not a matter of principle (the main sentence of Article 19(2) of the Do Government Act). The transferee of the land or structure of the housing reconstruction project after the authorization for the establishment of the housing reconstruction project is entitled to acquire the ownership of the land (the purchaser of the land before December 31, 2003) by the owner of the housing reconstruction project who obtained the authorization for the establishment of the housing reconstruction project association before and after December 31, 2003. The court below held that the ownership of the land or structure of the housing reconstruction project cannot be deemed to have been acquired by the owner of the land or structure of the housing reconstruction project under Article 201 of the Do Government Act. The court below held that the ownership of the land or structure of the housing reconstruction project cannot be deemed to have been acquired by the owner of the land or structure of the housing reconstruction project under Article 20 of the Do Government Act.

In light of relevant statutes and records, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to Article 19(2) of the Do administration Act and Article 19(2) of the Addenda.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Hong-hoon (Presiding Justice)