1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project with the land of 33,739 square meters in Guri-si as a business area (hereinafter “instant business area”), and the Plaintiff (hereinafter “Plaintiff”) and the designated parties (hereinafter “Plaintiff, etc.”) are the owners of the land within the instant business area.

B. On June 30, 2015, the Defendant formulated a management and disposition plan classified the Plaintiff, etc. as a person subject to cash settlement (hereinafter “instant management and disposition plan”), and resolved at the general meeting on June 30, 2015, and the Gu Ri Mayor approved and publicly notified the said management and disposition plan on November 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 19, 20, Eul evidence No. 1, the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

Except as provided for in the proviso of Article 20 (1) of the Administrative Litigation Act, a revocation suit shall be instituted within 90 days from the date on which the existence of the cause of revocation, etc. is known (the main sentence of Article 20 (1) of the Administrative Litigation Act), and whether the period of filing a suit is observed

On the other hand, regardless of whether a person who has an interest in an administrative disposition by the public notice was actually aware of the fact that the public notice became effective, it shall be deemed that the person was aware of the administrative disposition on the date when the public notice takes effect. In cases of a public notice document to inform the general public of certain matters, such as the public notice notice, unless otherwise provided in the document, it shall take effect

[Administrative Efficiency and Promotion of Cooperation] Article 6(3) of the Regulations on Promotion of Administrative Efficiency and Cooperation (amended by Presidential Decree No. 27103, Apr. 26, 2016) is the same.

Supreme Court Decision 2010Du2623 Decided March 14, 2013