주택재개발정비사업조합과 조합설립추진위원회와의 관계 : 보상 등에 관한 약정의 승계 여부를 중심으로 ― 대상판결 : 대법원 2024. 12. 12. 선고 2024다260405, 260412 판결 ―

초록

This paper, based on Supreme Court Decision 2024Da260405, 260412, examines whether a housing redevelopment association must pay cash compensation under an agreement concluded by its promotion committee, where that agreement exceeds the committee’s statutory authority. The current Act on the Improvement of Urban Areas and Residential Environments strictly limits a promotion committee's functions to preparatory acts, so as to prevent corruption and resident conflicts during the early stages of redevelopment projects. The subject decision held that such an agreement exceeds the committee’s legal authority and does not bind the association. This conclusion is sound, as it conforms to the legislative purpose of Article 14 of the former Act on the Improvement of Urban Areas and Residential Environments (now Article 32). Drawing on the doctrines of a promotion committee’s legal status, succession of rights and obligations, the “company in the process of formation” under commercial law, and ratification of void acts, this paper examines the limits on succession to a committee’s unauthorized acts, and reviews the legal relationships and liability allocation that arise once the agreement is deemed invalid. Because such an act violates a mandatory provision and is void, the association cannot succeed to it, implied ratification must be denied, and expectation damages cannot be recognized. This paper nevertheless considers reliance damages where the committee held out the agreement as valid, proposing that succession to ultra vires acts be strictly limited while reasonable remedies concurrently protect bona fide counterparties.

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