[1] Legal nature of a lawsuit against a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents about the validity of a resolution of the general meeting of association on a management disposition plan or project execution plan

[2] The case holding that in a case where a lawsuit is filed against a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to seek confirmation of invalidity of a resolution of the general meeting on the draft of a management and disposal plan and a project execution plan, such lawsuit constitutes a party

[1] A housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is a public corporation implementing a housing reconstruction project under the supervision of the competent administrative agency (Article 18 of the above Act) and has the status of an administrative agency performing certain administrative actions within the scope of its purpose as prescribed by law. Therefore, a lawsuit against a reconstruction association, which is an administrative agency, disputes the validity, etc. of a resolution of the general meeting of association on a management and disposal plan, is related to a legal relationship under public law that directly affects the illegality of administrative disposition depending on the result of the lawsuit, as a lawsuit against the reconstruction association, which constitutes a party litigation under the Administrative Litigation Act, and also constitutes a party litigation under the Administrative Litigation Act.

[2] In a case where a lawsuit is filed against a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to seek confirmation of invalidity of a resolution of the general meeting on the draft of a management and disposal plan and a project implementation plan, the case holding that the lawsuit constitutes a party suit

[1] Articles 18, 24 (3) 9-2, 10, 30, and 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 3 subparagraph 2 of the Administrative Litigation Act, Article 250 of the Civil Procedure Act / [2] Articles 18, 24 (3) 9-2, 10, 30, and 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 3 subparagraph 2 of the Administrative Litigation Act, Article 250 of the Civil Procedure Act

[1] [2] Supreme Court en banc Decision 2007Da2428 Decided September 17, 2009 (Gong2009Ha, 1648)

Plaintiff 1 and four others

Plaintiff 6 and 14 others (Law Firm Bosch Rexroth, Attorneys Cho Jae-hwan et al., Counsel for the plaintiff-appellant)

Defendant Reconstruction Association (LLC, Kim & Lee LLC, Attorneys Kang Yong-ok et al., Counsel for the defendant-appellant)

Seoul High Court Decision 2008Na6658 decided October 22, 2008

The judgment of the court of first instance is reversed, and the case is transferred to the Seoul Administrative Court.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Building and Improvement of Urban Areas”) (hereinafter “Building and Improvement of Urban Areas”) is a public corporation (Article 18 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) that implements a housing reconstruction project under the supervision of the competent administrative agency, and has the status of an administrative agency that performs certain administrative actions

Therefore, a lawsuit against a reconstruction association, which is an administrative body, disputes the validity, etc. of a resolution of the general meeting of association on a management and disposal plan is related to legal relations under public law, which directly affects the illegality of administrative disposition according to the result of the lawsuit, since it constitutes a party suit under the Administrative Litigation Act (see Supreme Court en banc Decision 2007Da2428, Sept. 17, 2009). It also constitutes a party suit under the Administrative Litigation Act against a reconstruction association, which disputes the validity, etc. of a resolution of the general meeting of association on a project implementation plan against the reconstruction association.

According to the reasoning of the judgment below and the records, the lawsuit of this case against the defendant, a reconstruction association under the Urban Improvement Act, is a lawsuit seeking confirmation of invalidity of the resolution of the general meeting on the "case of rebuilding ruling (No. 1)," "approval of the management and disposition plan (No. 6)," and "case of approval of the modification of the business plan (No. 8)" among the agenda items of the general meeting of August 11, 2006, and the lawsuit disputing the validity of the resolution of the general meeting on the management and disposition plan and the business execution plan constitutes a party lawsuit under the Administrative Litigation Act as seen above.

On the other hand, the rebuilding decision of this case can be seen as having the same contents as the resolution of resolution of resolution of resolution of resolution of resolution of resolution of the management and disposal plan of this case, since the rebuilding decision of this case can be seen as having the same contents as the contents of resolution of resolution of resolution of resolution of resolution of resolution of the management and disposal plan of this case (On the other hand, it is difficult to see that the rebuilding decision of this case can not have the effect of changing the right as soon as there is "rebuilding decision" which is not in accordance with the association establishment resolution, project execution plan or management and disposal

Therefore, the exclusive jurisdiction court of the first instance in this case is the Seoul Administrative Court. Nevertheless, the first instance court and the lower court, even though the lawsuit of this case was filed to the Seoul Central District Court and violated its exclusive jurisdiction, did so as to make a judgment on the merits of the report as a civil lawsuit. In so doing, the first instance court and the lower court erred by misapprehending the legal principles on party litigation under the Administrative Litigation Act, thereby violating the provisions on exclusive jurisdiction.

2. Conclusion

Therefore, without examining the remaining grounds of appeal, the judgment of the court of first instance is reversed, and the judgment of the court of first instance is revoked, and the case is transferred to the competent court for a new trial and determination. It is so decided as per Disposition by the assent of all participating

Justices Min Il-young (Presiding Justice)