The judgment below is reversed and the case is remanded to Seoul High Court.

Judgment ex officio is made.

1. If a project implementation plan and management and disposal plan formulated by a housing redevelopment and improvement project association based on the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) are authorized and publicly announced by the competent administrative agency, the project implementation plan and management and disposal plan

In this case, there is a defect in the resolution of the relevant general meeting as one of the procedural requirements leading to the administrative disposition such as the project execution plan and management

Even if it is necessary to seek revocation or invalidity confirmation of the project implementation plan and the management and disposal plan, which are an administrative disposition, by means of an appeal litigation, and to separately remove only the part of the resolution of the relevant general meeting and file a lawsuit seeking confirmation of validity, barring special circumstances.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the validity of a project implementation plan and a management and disposition plan, and thereby, did not err by misapprehending the legal principles as to the validity of an original project implementation plan and a management and disposition plan. The court below erred by misapprehending the legal principles as to the validity of an original project implementation plan and a management and disposition plan. Thus, the court below erred by misapprehending the legal principles as to the validity of an original project implementation plan and disposition plan, and thereby exceeding the bounds of the legal principles as to the validity of an original project implementation plan and disposition plan. The court below erred by misapprehending the legal principles as to the validity of an original project implementation plan and disposition plan, thereby affecting the conclusion of the judgment, as otherwise alleged in the ground of appeal.

Even if there are no special circumstances, seeking confirmation of invalidity of the previous resolution is merely seeking confirmation of legal relations or legal relationships in the past, and there is no interest in confirmation as a requirement for protection of rights.

Supreme Court Decision 201No. 28, 2010