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재건축결의무효의 공법적 파장(波長) : Public Law Repercussions of Annulment of Reconstruction Resolution
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 김종보 | - |
dc.date.accessioned | 2009-10-06T23:46:58Z | - |
dc.date.available | 2009-10-06T23:46:58Z | - |
dc.date.issued | 2008 | - |
dc.identifier.citation | 법학, Vol.49 No.2, pp. 193-216 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/10218 | - |
dc.description.abstract | Recently, action for declaration of annulment of reconstruction resolution has
become an effective remedy of the reconstruction projects. It originally played an important role in relation to the claim for sale during the era when reconstructions were undertaken under the Act to Promote the Construction of New Houses and the Act Concerning the Ownership and Management of Collective Buildings. The action is continued to be sought without any significant doubt even under the new City and Residential Environment Improvement Act. In the action for declaration of annulment of reconstruction resolution (currently assent to the establishment of a reconstruction union), if a civil judgement for the annulment is rendered, such a judgment, coupled with the public law, brings various legal effects. According the Supreme Court of Korea which considers the approval of the establishment of a reconstruction union as an approval under the academic meaning system, the annulment invalidates its approval, takes the prohibition on resale of right to purchase a new apartment as if it never existed, and invalidates the trust registration done by a union member for the union. Moreover, not only must be a reconstruction board, as predecessor to the union, revived, but also the action for claim of sale, which requires the establishment of the union, becomes impossible. In addition to these direct effects, it also brings other indirect legal effects such as invalidation of follow-up dispositions and procedures after the establishment of the union, no application of transitional provision, etc. These are the public law repercussions of the annulment of reconstruction resolution. | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2008학년도 학술연구비
의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 재건축 | - |
dc.subject | 재건축결의무효 | - |
dc.subject | 매도청구소송 | - |
dc.subject | 강학상 인가 | - |
dc.subject | Petition for Annulment of Reconstruction Resolution | - |
dc.subject | Reconstruction | - |
dc.subject | Action for Claim of Sale | - |
dc.title | 재건축결의무효의 공법적 파장(波長) | - |
dc.title.alternative | Public Law Repercussions of Annulment of Reconstruction Resolution | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Kim, Jong Bo | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 216 | - |
dc.citation.number | 2 | - |
dc.citation.pages | 193-216 | - |
dc.citation.startpage | 193 | - |
dc.citation.volume | 49 | - |
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