[判例評釋] 재개발사업 조합원의 자격에 관한 연구 - 대법원 2023. 8. 18. 선고 2022두51901 판결 -

Among the problems that arise in redevelopment projects, the so-called 'share-splitting' in relation to membership is an important part. Prior to this Supreme Court decision, the question of whether the status of a member of a partnership is recognized by a number of transferees who have transferred ownership after the establishment of the partnership, there was a difference of view between the authoritative interpretation of the present article and some of the lower courts. If the controversy over membership is related to the so-called 'splitting of shares', the artificial increase in the number of landowners can distort the decision-making of members The Supreme Court found that the method of splitting shares unjustly increased the number of landowners in the redevelopment project, and stated that their will should be excluded from the total percentage of association consents, and furthermore, it provided grounds for considering such an artificial increase in the number of landowners as an illegal act. The redevelopment project is an important issue that has a lot of impact on the property rights of its members. If research on the qualifications of members continues, it is expected that the Urban Development Act will help grow into a system that reflects the true intentions of the members of the redevelopment project.