beta
(영문) 서울고등법원 2015.08.28 2015누32980

분양신청통지및공고무효확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except where the defendant added a judgment as to this case's defense, etc. which the court added to this case's above 2.2. Thus, the reasoning of the judgment of the court of the first instance is the same as that of the judgment of the court of the first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative

2. Determination as to whether the defendant's main defense and lawsuit are legitimate

A. Since the resolution of this case is about past facts, it is nothing more than seeking confirmation of past facts to seek confirmation of the defendant's defense of the contents of this case's resolution, and there is no interest in lawsuit. 2) Since a lawsuit seeking confirmation of the validity, etc. of the resolution of the general meeting of the association regarding the draft management and disposition plan against the reconstruction association, which is an administrative body, is about the legal relationship that directly affects the illegality of the administrative disposition according to the result of the lawsuit, it constitutes a party lawsuit under the Administrative Litigation Act. If such lawsuit is filed before the approval and public notice of the management and disposition plan is granted, it shall be deemed to be a party lawsuit under the Administrative Litigation Act, and if it is submitted to the competent administrative agency after obtaining a confirmation of invalidity of the illegal draft of the management and disposition plan, or the reconstruction association shall submit it to the competent administrative agency after preparing a new draft of the management and disposition plan to undergo a resolution of the general meeting, and even if the management and disposition plan is authorized and public notice despite the judgment of nullity of the resolution of the general meeting, it can be promptly authorized and publicly announced the evidence of the management plan.