1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. The reasoning of the court’s explanation in this case is as stated in the reasoning of the judgment of the court of first instance except for the following additional judgments, thereby citing it as it is in accordance with Article 420 of the Civil Procedure Act.

《추가판단》 피고는, 피고와 그 구성원인 조합원 사이에는 피고가 행정주체로서 공법인의 지위에 있으므로 조합원의 권리의무(비용 갹출과 재산분배)에 관한 총회결의의 효력을 다투는 이 사건은 행정소송법상 당사자소송에 해당됨에도, 이 사건을 민사소송으로 다룬 제1심 판결에는 관할을 위반한 잘못이 있다고 주장한다.

However, if a housing reconstruction and improvement project association approves a project implementation plan or a management and disposal plan (hereinafter “management and disposal plan, etc.”) formulated by the housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “management and disposal plan, etc.”) until the competent administrative agency approves it, the management and disposal plan, etc. shall become effective as an administrative disposition. Thus, if it is asserted on the ground of the defects in the general meeting resolution on the management and disposal plan, it is necessary to seek revocation or invalidity confirmation of the management and disposal plan, etc. by means of an appeal litigation against the housing reconstruction and improvement project association, and it is not allowed to file a lawsuit seeking confirmation of its validity separately from the procedural requirements leading to an administrative disposition, barring any special circumstances (see, e.g., Supreme Court Decision 2007Da73598, Feb. 25, 2010). However, each resolution of this case seeking confirmation of invalidity in the lawsuit of this case does not constitute a general meeting resolution on the collection of expenses and the remaining distribution

On the other hand, some plaintiffs violated their obligations, such as interfering with or hindering the conduct of partnership affairs.

or among the plaintiffs.