處分의 瑕疵가 “重大·明白”하여 當然 無效인지 與否에 관한 一考察

Abstract

A legal Study of nullify or not for the administrative disposition of acceptance for public legal authorization of construction title in term of subtitle of no. 7 under the Urban Redevelopment Act, Housing Construction Promotion Act. －Decision at Issue: Korean Supreme Court Case No. 2012 Du 9000, decided on February 14, 2013- Kihan, Lee A matter of urban redevelopment of dwelling is uprising as very important issue with the problem of speculation in real estates litigation through the era of industrialization and urbanization in Korea. To resolve urban redevelopment of dwelling and efficiency of redevelopment legal problem, The Korean Urban Redevelopment Housing Environment Promotion Act, were established on December 30, 2002. (hereinafter 2003 KURHEP ACT) Korean Supreme Court decided on Case No. 2012 Du 9000, decided on February 14, 2013 that the administrative acceptance disposition of legal requirement on this provision of the subtitle of article 7 under 2003 Urban Redevelopment Housing Environment Promotion Act. This paper reviews that administrative acceptance disposition for public construction title on this provision is legally nullified simply because that it is not enough for both legalrequirement. It should be required both half owner consent requirement and deadline requirement by the August 9, 2002 on this provision on the subtitle of article 7 under the Urban Redevelopment Act, Housing Construction Promotion Act. This paper also reviewed that the theory and relevant supreme court of administrative legal cases relating administrative acceptance disposition in terms of nullification of legal disposition requirement. This case note is very important that the Korean Supreme court decided that it is nullified if the administrative acceptance disposition for the legal requirement should be fulfilled both half owner consent requirement and deadline requirement by the August 9, 2002 on this provision of the subtitle of article 7 under the Urban Redevelopment Housing Environment Promotion Act. This paper also reviewed that the defendant opinion, appeal, and supreme court decision regarding the authorization requirement of public construction title on this provision by the subtitle of article 7 under the Urban Redevelopment Housing Environment Promotion Act. The administrative acceptance of public authorization of construction title should be confirmed carefully in terms of the documentary legal fulfillment to authorize legal requirement in term of subtitle of no. 7 under the Urban Redevelopment Housing Environment Promotion Act. in term of subtitle of no. 7 under the Urban Redevelopment Act, Housing Construction Promotion Act of July 1, 2003. Administrative acceptance disposition without confirmation of the documentary legal requirement for the two legal requirement fulfillment, both half requirement of consent from owner and the requirement of application deadline on August 29, 2002 requirement under the this provision is nullified. There are some discussions about the meaning of cancellation, nullification theory, legal standard of disposition of the acceptance of construction public title establishment.