[Administrative Litigation Attorney] Administrative Litigation Attorney Obtains Dismissal of a Party Litigation

Administrative litigation can be classified, according to its content, into appeal litigation, party litigation, citizen litigation, and agency litigation. The client's case is a lawsuit confirming member status and falls under a ‘party litigation’.

The attorney argued that if a member wishes to contest the lawfulness of the parcel allotment application notice, the member must file an appeal litigation contesting the revocation or nullity of the management and disposal plan, under which the status as a recipient or the right to a parcel allotment is determined according to the result of the parcel allotment application, and that this suit should have been filed as an appeal litigation rather than a civil action.

Even if the form of party litigation chosen by the opposing party is lawful, the parcel allotment application notice to the opposing party was duly completed in full.

Although the opposing party argued that the opposing party had not received the registered mail enclosing the housing parcel allotment procedure notice and similar documents, it should be presumed that the mail was delivered to the addressee, absent special circumstances such as loss or return of the mail in transit.

The attorney therefore argued that the parcel allotment application notice should be regarded as having been lawfully made.