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| TITLE | Supreme Court Decision 2022Du51901 Decided August 18, 2023 【Revocation of Authorization to Establish a Housing Redevelopment and Improvement Project Association】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether a disposition to authorize the establishment of an association issued by an administrative agency in relation to an application for authorization to establish a housing redevelopment association has the nature of an act of establishing authority (affirmative) [2] Whether having a quorum to consent to establish a housing redevelopment association be satisfied or having owners of a plot of land or structure indicate their intention of agreeing with the establishment of an association after artificially increasing the number of owners of a plot of land or structure in the manner of completing the ownership transfer registration of the excessively small land or structure in the name of a person who is in a close relationship by reason of a formal gift, sale, etc. for the purpose of holding a leading position in the process of carrying out a redevelopment project corresponds to an evasion of the law (affirmative) and whether the owners of a plot of land or structure increased as above should be excluded from the number of owners of a plot of land or structure and consenters in determining a quorum (affirmative) Standard of determining whether having the owners of a plot of land or structure artificially increased through the formal conveyance of the excessively small land or structure indicate their intention of consenting to the establishment of an association corresponds to an evasion of the law | |
