組合設立推進委員會 設立承認 無效確認

Abstract

The promotion committee is an organization formed in preparation for an establishment of the association at an early stage of rearrangement project. Before the enactment of the ACT ON THE MAINTENANCE AND IMPROVEMENT OF URBAN AREAS AND DWELLING CONDITIONS FOR RESIDENTS, various disputes were raised as there were no substantive enactment about the promotion committee. ACT ON THE MAINTENANCE AND IMPROVEMENT OF URBAN AREAS AND DWELLING CONDITIONS FOR RESIDENTS stipulates the provisions of the promotion committee in order to eliminate the cause of dispute and corruption related to rearrangement project. Nevertheless, due to non existence of legal principles or cases on the legality of the promotion committee, considerable controversies arise in the field of rearrangement project. This object judgment is the first judgement that explains the character of the promotion committee and states the relation between the approval on formation of the promotion committee and the authorization on formation of Association. According to the system and the contents of ACT ON THE MAINTENANCE AND IMPROVEMENT OF URBAN AREAS AND DWELLING CONDITIONS FOR RESIDENTS and previous judgment of Supreme court, the promotion committee is an unincorporated association satisfying the legal requirement of ACT ON THE MAINTENANCE AND IMPROVEMENT OF URBAN AREAS AND DWELLING CONDITIONS FOR RESIDENTS. An approval on formation of the promotion committee grants the promotion committee into force. Also the promotion committee and authorized Association are separate association. Therefore, the promotion committee shall be extinguished once the formation of Association is authorized, as has accomplished its purpose and the cause for dissolution stipulated in the operational rules becomes effective. On the basis of these premises, this object judgment clarified that once authorization on formation of Association takes effect during the pendency of a lawsuit over approval on formation of the promotion committee, legal interests to seek the revocation or affirmation of nullity extinguishes. But question may arise whether legal interests to seek the revocation or affirmation of nullity remains, if the authorization on formation of Association is revoked or affirmed ineffectiveness. However, in consideration of stability of rearrangement project and its character as collective law, the promotion committee does not revive even if authorization on formation of Association is revoked or affirmation of ineffectiveness. Meanwhile, on the basis of this object judgment, if the authorization on formation of Association takes effect, it can be questioned there is no way to claim illegality of approval on formation of the promotion committee. The relevant judgment counts illegality of the approval on formation of the promotion committee as a procedural illegality of authorization on formation of Association. This judgment is an useful method to explain an influence of illegality that exists in the approval on formation of the promotion committee to authorization on formation of Association. The object judgment and the relevant judgment intend a stable progress of rearrangement project. Through these judgments, decrease of disputes in the field of rearrangement project can be expected.