관리처분계획무효확인
1. The lawsuit of the plaintiff Hochim Co., Ltd. shall be dismissed.
2. The plaintiff's primary claim and the conjunctive claim are all filed.
1. Details of the disposition;
A. On June 12, 2003, the Defendant was an association established for the reconstruction project of the Songpa-gu Seoul apartment complex B (hereinafter “the apartment complex in this case”) and on July 10, 1999, the Plaintiff HowC Co., Ltd entered into a construction project management service contract with the Nonparty B apartment reconstruction promotion committee (hereinafter “Nonindicted apartment promotion committee”) that promoted the reconstruction project of the apartment complex in this case, separate from the Defendant, and operated the reconstruction work of the apartment complex in this case. The Plaintiff A is a member of the Defendant’s association.
B. On December 9, 2014, the Defendant held a general meeting of shareholders and passed a resolution on the “case of approval on the management and disposal plan (hereinafter “instant management and disposal plan”) as an agenda item 10, and the head of Songpa-gu Seoul Metropolitan Government approved the instant management and disposal plan on January 27, 2015, and announced it on January 29, 2015.
(Public Notice C of Songpa-gu Seoul Metropolitan Government). [Ground for Recognition] The fact that there is no dispute, Gap evidence 1 through 3, 14, 17, Eul evidence 5, and the purport of the whole pleadings.
2. Determination on this safety defense
A. The defendant's argument that the plaintiff HochiC Co., Ltd. (hereinafter referred to as "Plaintiff HochiC") was not in the position of a member of the defendant's association (or the owner of the land, etc.), and there is no other legal interest in the management and disposition plan of this case. Thus, there is no legal interest in seeking confirmation of invalidity of the management and disposition plan of this case.
B. If, even if a third party is not the direct party to an administrative disposition, a legal interest protected by the administrative disposition is infringed, the party is entitled to obtain a decision of propriety by filing a lawsuit seeking the cancellation of the disposition or the confirmation of invalidity thereof.
However, there are individual, direct and specific interests protected by the relevant laws and regulations.