logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.02.13 2017두64224
관리처분등총회결의무효확인청구의 소
Text

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

Reasons

Judgment ex officio is made.

1. According to Article 48 (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 “former Act”), a project implementer shall obtain authorization from the head of Si/Gun including the design for parcelling-out, the address and name of a person subject to parcelling-out, the estimated amount of a site or structure scheduled for parcelling-out by a person subject to parcelling-out, the details of previous land or structure and the date of announcement of authorization for project implementation based on the current status of the application for parcelling-out, even in cases where he/she intends to modify, suspend, or abolish a management and disposal plan, as well as the modification, suspension, or abolition thereof, the price based on the date of announcement of the plan for parcelling-out, the estimated amount and timing of cost for rearrangement projects, the detailed statement of rights other than the ownership of the previous land or structure, the details and appraised amount of rights of a person subject

In light of the contents, form, intent, etc. of the provisions related to the former Act on the Improvement of Urban Areas, unlike the case of amending the original management and disposition plan, where a new management and disposition plan is formulated to substantially alter the main parts of the original management and disposition plan and obtaining authorization from the head of the Si/Gun, the initial management and disposition

(See Supreme Court Decision 2010Du19799 Decided February 10, 201, and Supreme Court en banc Decision 2011Du6400 Decided March 22, 2012). 2. Reviewing the reasoning of the lower judgment and the record, the following facts are revealed.

(1) In order to supplement the defects of the instant management and disposition plan, the Defendant: (a) on September 10, 2017, which was after the closing of argument in the lower court; (b) on September 10, 2017, 1,294 of all

arrow