도시정비법상 재건축조합 사업시행자의 매도청구소송에 대한 법적 고찰

Abstract

A party suit, as a type of administrative litigation, follows the procedures of the Civil Procedure Act for matters not governed by specific provisions. However, it serves to protect the rights and interests of private individuals by supplementing the principle of ex officio investigation, based on the principles of equality of arms and the public interest inherent in administrative actions. The Supreme Court has already recognized reconstruction associations under the Act On The Improvement Of Urban Areas And Residential Environments as public corporations with administrative authority and has significantly expanded standing requirements for parties in party suits. The lawsuit for the increase or decrease of expropriation compensation for redevelopment projects, which is similar to the lawsuits for the request of sale for a reconstruction project, is handled as a party suit. This request for sale system has strong public law coercive power that restricts private property rights based on the designation of improvement zones and the authorization of a project implementation plans. Compared to the expropriation system, it has a greater impact on private property rights, making it necessary to more robustly protect the rights and interests of private individuals. Nevertheless, the Supreme Court maintains the position that lawsuits exercising the right to request for sale should be under civil procedure jurisdiction. It is desirable for the Supreme Court to treat a lawsuits for the request of sale as a party suit under public law, reflecting the reality that the weight of today’s administrative actions is changing to urgent administration and the forms of administrative actions are diversifying. I believe that this judgment will also contribute to the legislative amendments needed for the overall establishment of the system under the Administrative Litigation Act. In this paper, we examine the key aspects of the request for sale system in comparison with the expropriation system, and present the necessity of converting lawsuits for the request of sale into party suits.