재건축결의무효의 공법적 파장(波長)

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.