Text
1. The part of the judgment of the court of first instance concerning the primary claim and the preliminary claim shall be revoked.
2. The lawsuit of this case is pending.
Reasons
1. The reasoning for this part of the underlying facts is the same as that of the reasoning of the judgment of the court of first instance, and thus, the reasoning for this part is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the part of the lawsuit in this case concerning the primary claim and the preliminary claim are legitimate
A. The Plaintiff asserted that, on October 22, 2014, the Defendant’s announcement of the application for parcelling-out (hereinafter “instant announcement of application for parcelling-out”) did not provide information on the outlined charges under Article 46(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and sought confirmation of the primary invalidation of the announcement of application for parcelling-out, and sought preliminary cancellation.
Specifically, it is pointed out that the announcement of the application for parcelling-out did not state the basis for calculating the appraised value, and that there was an error in calculating the proportion based on it, and that there was no notification of the outlined amount of charges for each individual owner of land, etc. reasonably.
B. The disposition of an administrative agency, which is the object of an appeal litigation, refers to, in principle, an act under the public law of an administrative agency, which is an act directly related to the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with regard to a specific matter, or directly generating other legal effects, and thus, an act does not constitute an act
(See Supreme Court Decision 97Nu6889 delivered on August 20, 199, etc.). C.
A housing redevelopment project association under the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents is a special administrative body with at least special purpose of existence in the legal relations of its members, and is in the relationship of rights and obligations under public law to the extent that it can be seen that it carries out specific public affairs under the supervision of the State.