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| TITLE | Supreme Court Decision 2008Da60568 Decided September 24, 2009[Confirmation of Non-existence of Reconstruction Resolution] [full Text] |
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| Summary | |
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[1] Legal characteristic of an approval disposition for establishing an association rendered by an administrative agency, based on the relevant Acts and subordinate statutes such as the Act on the Maintenance and Improvement of Urban Areas, etc., and whether it is permitted to file a confirmation lawsuit such as invalidity confirmation one by separating only the resolution part on the ground of defects in the association establishment resolution after the approval disposition of association establishment was rendered (negative) [2] The case holding that, in case where a confirmation of invalidity, etc. of a resolution was sought as a civil action after an administrative agency's disposition of approving an association establishment as to the housing reconstruction and rearrangement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the case should be transferred to the competent court, on the grounds that the case should be seen as having been filed as a party litigation, which is a kind of administrative lawsuit, and the case can be changed into an appellate litigation as to the approval disposition for an association establishment upon transfer with permission of a competent court |
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