The Korea National Housing Corporation shall select a specific person in the course of formulating relocation measures following the implementation of a housing site development project and assign the apartment units to be specially supplied, and then cancel the winning and reject the conclusion of a new purchase contract.

In light of the purposes of the establishment of the Korea Housing Corporation, the nature of the business, authority and duty of the Korea Housing Corporation, and the nature and contents of the housing development project, etc., if the said Corporation implements the housing development project pursuant to the related Acts and subordinate statutes, it shall be deemed that the said construction is a case where the said Corporation exercises the legal authority of administrative action. Therefore, if the said Corporation selects a specific person and allocates an apartment to be specially supplied in the process of establishing relocation measures accordingly, and then refuses to conclude a new purchase contract, if it is unlawful or unjust, it cannot seek confirmation of the special supply of the apartment in accordance with the aforementioned relocation measures against the Korea Housing Corporation

Article 226 of the Civil Procedure Act, Article 8 of the Public Compensation and Loss Compensation Act, Article 7 of the Housing Site Development Promotion Act

Kim Kim

Korea National Housing Corporation

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

On March 4, 1989, the plaintiff confirmed that he is a person eligible for special supply of apartments as a person eligible for relocation measures pursuant to the housing site development project in the military field area where the defendant is implemented and publicly notified under Article 70 of the Construction Part

We examine the defendant's main defense of safety.

The plaintiff, as the owner of the building in the district subject to the housing site development plan designated and publicly notified by the Construction Division No. 70 on March 4, 1989 based on the Housing Site Development Promotion Act, was the person subject to special supply of the apartment that the defendant supplied by the defendant pursuant to the relocation measures established and implemented pursuant to Article 8 of the Act on the Acquisition of Land and Compensation for Loss of Public Areas. However, the defendant, around August 1992, issued a lottery lot No. 651 801, 1992 in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, and the plaintiff was assigned to the plaintiff, but the plaintiff did not have any houses under Article 4 of the Rules on the Supply of Housing, and the plaintiff refused to enter into a contract with the plaintiff for the supply of the apartment.

Therefore, under Articles 1, 9(1) and (2), and 18 of the Korea National Housing Corporation Act, as to whether the lawsuit by the plaintiff is subject to civil litigation, the defendant is established for the purpose of contributing to the stabilization of people's lives and the promotion of public welfare by constructing and managing the housing and improving the inferior housing, and where the defendant executes the housing site development project, etc. under the Housing Site Development Promotion Act, the head of the Ministry of Construction and Transportation or the head of the local government may entrust the defendant with some of his authority, and the Minister of Construction and Transportation may guide and supervise the defendant's affairs to the extent necessary. Meanwhile, under Articles 1, 3(1), 7, 8, 9, 23, 24, and 27 of the Housing Site Development Promotion Act, the housing site development project is subject to the above disposition of the Minister of Construction and Transportation after obtaining the approval of the Minister of Construction and Transportation for the purpose of improving the people's lives and welfare through the acquisition, development, supply, and management of the housing site necessary for the housing site development project.

Therefore, the plaintiff's lawsuit of this case is unlawful, and it is so decided as per Disposition.

Judges Jeon Sung-jin (Presiding Judge)