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| TITLE | [Confirmation of Invalidity of General Meeting Resolution]Supreme Court en banc Decision 2007Da2428 Decided September 17, 2009 [full Text] |
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| Summary | |
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[1] Legal characteristic of a lawsuit against a housing reconstruction, maintenance, and improvement business association organized under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, where the validity of a resolution by the association’s general assembly on a management and disposition plan is at dispute (i.e., party proceedings under the Administrative Litigation Act) [2] Whether one may seek confirmation of invalidity of a resolution by the general assembly on a management and disposition plan established by the housing reconstruction, maintenance, and improvement business association under Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, after the approval and public notice by the competent administrative agency (negative) [3] Where a civil lawsuit seeking an invalidity confirmation of a resolution of the general assembly on the management and disposition plan was brought against the housing reconstruction, maintenance, and improvement business association organized under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the case holding that the said lawsuit constitutes a party proceeding under the Administrative Litigation Act, and hence, falls under the exclusive jurisdiction of the Administrative Court [4] The case holding that the transfer of a lawsuit to the Administrative Court as the competent court is reasonable, since it can hardly be deemed that a lawsuit seeking an invalidity confirmation against a resolution of the general assembly on the management and disposition plan of a housing reconstruction, maintenance, and improvement business association constitutes a definite case where it would be overruled as unlawful upon transfer just because there was the competent administrative agency’s approval and public notice after the case was filed as a civil lawsuit in contravention of jurisdictional rules |
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