Deals & Cases

Lawsuit seeking revocation of a redevelopment zone designation disposition
Lawsuit seeking revocation of a redevelopment zone designation dispositionGranting (upholding the claim)

Administrative Law Attorney Assistance Case | A Revocation Lawsuit Against a Redevelopment Zone Designation Disposition, Winning the Case

The client who visited an administrative law attorney requested assistance from a specialist attorney who has handled numerous administrative law cases in order to file a revocation lawsuit against a maintenance zone designation disposition.

1. The Client Who Sought an Administrative Law Attorney

Daeryun administrative law attorney administrative litigation assistance example

This is a case in which a client who came to an administrative law attorney proceeded with the case together with an attorney who had a deep understanding of administrative law, and as a result won the case in a revocation lawsuit against the designation of a redevelopment zone.

The Client Who Requested Assistance with Administrative Litigation

The account of the client who came to an administrative law attorney to request assistance is as follows.

While reviewing the public notice of the urban improvement plan, the client learned that the client's land had been included in the project site for an apartment redevelopment.

The client had planned to construct a commercial building on this land, and judging comprehensively that this plan was unjust, the client filed an objection.

However, the client's objection was not accepted at all, and accordingly the client decided to request assistance from a specialized attorney.

The client came to an administrative attorney in order to exclude the client's land from the improvement plan with the assistance of a specialized attorney with extensive experience in 🔗administrative litigation.

2. Administrative Litigation Explained by an Administrative Law Attorney

The client who requested help from the administrative law attorney wished to file a revocation lawsuit against a disposition designating a maintenance district.

The administrative attorney examined the revocation lawsuit in detail together with the client.

A Closer Look at the Statutes on Administrative Litigation

The types of administrative litigation are classified according to their purpose and nature as follows.

Types of administrative litigation

Appeal litigation

① Revocation lawsuit : Claim to revoke an unlawful administrative disposition

② Lawsuit to confirm nullity or the like : Confirmation of the nullity or existence of an administrative act

③ Lawsuit to confirm illegality of omission : Confirmation of the illegality of an administrative agency's omission

Party litigation

Litigation contesting a legal relationship arising from an administrative agency's disposition

Citizen litigation

Litigation brought to protect the public rights of citizens

Agency litigation

Litigation resolving a dispute over authority between administrative agencies

A revocation lawsuit is a lawsuit seeking the revocation or modification of an unlawful disposition or adjudication by an administrative agency, and it aims at the recovery of rights or legal interests infringed by the unlawful disposition.

Because the filing period for a revocation lawsuit is strict, it is necessary to thoroughly review this before bringing the suit.

Filing period for a revocation lawsuit

▶ Within 90 days from the day one became aware that the disposition or the like existed
▶ Within one year from the day the disposition or the like took place

3. The Administrative Law Attorney's Case Response Strategy

Daeryun administrative law attorney revocation lawsuit favorable judgment example

The administrative law attorney closely reviewed the case and established a specific response strategy.

In order to lead the case favorably, the attorney made the following arguments.

Administrative Law Specialist Attorney's Assistance ① Violation of the Principle of Proportionality

The land owned by the client is located at the very edge of the maintenance zone, so even if this land is excluded from the planning scope, there would be no significant problem.

The client's interest infringed by the maintenance zone designation disposition in this case can be seen as greater than the public interest sought to be achieved through the designation disposition.

Accordingly, it was emphasized that this designation disposition was an unlawful decision in violation of the principle of proportionality.

Administrative Law Specialist Attorney's Assistance ② Violation of the Principle of Equality

The lands adjacent to the land at issue in this case were originally scheduled to be included in the rearrangement zone but were excluded at the time of the disposition.

From this, it can be seen that even if the land at issue in this case were also excluded from the rearrangement zone, there would be no particular hindrance to the rearrangement project.

The attorney emphasized that, unlike the adjacent lands above, the disposition including only the land in this case in the rearrangement zone was an unlawful decision that violated the principle of equality.

4. Result of the Administrative Law Attorney's Assistance: “Winning the Case”

The court accepted the argument of the administrative law attorney and issued a decision stating, 'The portion of the designation disposition concerning the land in this case is revoked.'

The client, who obtained the desired result, expressed deep gratitude to the administrative law attorney.

If You Need Assistance with Administrative Litigation

An administrative litigation is a procedure for requesting legal relief against a disposition of an administrative agency, and it follows a special procedure that differs from civil litigation.

To prevent failing to respond appropriately to an unjust administrative disposition or missing the deadline, it is necessary to respond systematically from the early stage of the case.

At Daeryun, an 🔗administrative attorney who has accumulated practical experience in a variety of administrative cases collaborates with experts across multiple fields to resolve cases promptly.

If you require the assistance of a specialized attorney in a situation similar to the above case, please entrust your case through the administrative law attorney 🔗legal consultation booking.

Check out video content
related to this case as well.

  1. What about administrative litigation in case of forced expropriation of land?

행정법변호사 조력 사례 | 정비구역지정처분 취소소송, 승소

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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