재개발 관리처분의 비례율 개선방안에 관한 연구 = A study on the improvement in proportion to disposal of property

국문 초록 (Abstract)

영문초록:The decrepit housing readjustment project of Korea is the project to improve the residential environment the initiative of the private sector rather than the project to perform a public role. Whether the feasibility of a project has been determined by the result of feasibility as the project but the calculation of the proportional percentage is made at the time of establishing the management and disposal plan as the noncommittal system is operated in relation to the size of development profits and the object of redemption. The administration and disposal plan come to calculate the percentage that enable us to know the amount of money to be paid and received by the members of the association and to judge whether feasibility is good or bad. In case it is estimated that development profits are much generated in a project, it can not only abused as the means for tax evasion by adjusting the percentage to less than one so that the development profit coming from the profit margin may not exposed to the outside by selling the developed real property to the members of the association at the lower price than the common price for installment sale. The degree of distribution of the development profit differs according to what area of apartment house the members of the association occupy regardless of the amount of money, in which the unbalance of profit distribution from the amount of invested capital comes to occur. That is, the difference of about 40,000,000won occur because the title price of Seongchunhyang 1 of the 3rd Walgok District accounts for 430,000,000won while the title price of Seongchunhyang 2 of the 3rd Walgok District accounts for 31,000,000won. Nevertheless, the members of the association selling the apartment house with the same area of 32 pyong come to receive the development proft(proft margin) of about 88,000,000won. As a scheme to resolve these problems, it is necessary to provide for the legal basis for calculating the price of apartment for installment sale to the members of the association and that to the public at large on an equal footing in case of the housing redevelopment project in which the adminstration and disposal plan is established. The calculation of the same price of apartment for installment sale can remove the profit margin coming from the development profits and transform into the distribution of the development profit according to title price from the distribution of the development profit according to the area of the apartment house and taxation(corporation tax and income tax) according to the magnitude of the development profit. By doing so, the reasonable administration and disposal plan can be established by eliminating the profit margin Second, it is necessary to make a fair appraisal of existing land and buildings within the district. In case the size of the development profit obtained from the housing redevelopment project is great, it is anticipated that there will be the conciliation of the appraisal institution and the raising of the collective civil petition in order to raise the existing land and building prices by means for tax evasion. Therefore, the fair appraisal system should take root in Korean society. Third, it is now a point in time to examine the proper measure to redeem the development profits into the national funds. In case excessive development profits arise from the housing redevelopment project as both the public project and the urban planning project, a given percent of those development profits should be redeemed into the national funds, They should be secured as financial resources to be used for helping original inhabitants inevitably failing to resettle due to the execution of the housing redevelopment project to resettle themselves and for helping the beneficiaries of livelihood protection or raising the readjustment cost and the like. By doing so, it is now a point in time to examine the measure to redeem the development profit arising from the housing redevelopment project to be used for the cost of resolving the problem of cities continuing to decline with urbanization. As seen above, it is expected that the findings of this study will be helpful for setting the criterion for establishing the reasonable administration and disposal plan to be able to judge accurate feasibility in relation to the percentage calculated as the old practices of the administration and disposal plan and make an objective calculation of the size of the development profits