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(영문) 서울고등법원 2015.02.06 2014누54693
분담금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, this is acceptable as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Additional Determination

A. The Defendant’s act of imposing the cost for the rearrangement project on a person subject to the settlement of cash constitutes an administrative disposition, and thus, it is unlawful for the Plaintiff to immediately seek payment as a party suit without going through the disposition imposing the cost for rearrangement project.

Therefore, under the supervision of the competent administrative agency, a housing redevelopment project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is a public corporation implementing a housing redevelopment project under the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents, and has the status of an administrative body performing certain administrative actions within the scope of its purpose (see Supreme Court en banc Decision 2007Da2428, Sept. 17, 2009). Moreover, the administrative disposition subject to appeal litigation refers to an act of an administrative agency under public law, which directly causes direct changes in the rights and obligations of citizens, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects, with regard to a specific matter, and thus, the administrative disposition must be individually determined according to its subject, content, procedure, and form, to

(See Supreme Court Decision 2001Du2799 Decided December 27, 2002, etc.). In light of these legal principles, the method of determining the obligation to bear the cost of a rearrangement project between the Plaintiff and the person subject to cash settlement can only be determined by the Plaintiff’s articles of incorporation, a general meeting, or an individual agreement, unless otherwise prescribed by the Act on the Improvement of Urban Areas and Dwelling Conditions, and such determination is not based on the relevant statutes.

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