재개발 관리처분의 권리가액에 관한 연구 = A Study on the Price of Right in the Management of Redevelopment

국문 초록 (Abstract)

영문초록 : The housing redevelopment project to readjust the city and improve people's residential satisfaction and quality of life is currently progressed under the initiative of national government and local government. Its area accounts for about 4,000ha only in Seoul and is almost as twice as that of the Bundang New Town. A glance into the redevelopment project alone shows that a great number of confrontations and conflicts have occurred from the planning stage of the project to the stage of occupancy due to its completion, resulting in raising the financial costs due to the delay of the project, losing the economic efficiency of the redevelopment project and incurring additional financial burden to native occupants. And how the management disposal method or standard is decided is the core matter of the redevelopment project. The traditional installment sale standard has thus far been maintained. In spite of the number of family members and the actual income level, the apartment house is sold to rebuilding association members according to the area of their previously owned land and building. If they want the area of the apartment house well-suited to their income level, the so-called 'quality of life', it is reasonable to provide them with the apartment house according to their demand. The conflicting factor always exists due to the ambiguous standard for the beneficiary of apartment housing and the conflict of interests between individual association members. To remove this conflicting factor and raise the transparency of the rebuilding project, this study attempted to propose the following matters:First, it is necessary to appraise the land, the previous property of the beneficiary of apartment housing for installment sale. This can secure transparency in the rebuilding project, simplify the procedures for the project and minimize the friction between association members. Second, this study presented the problem of the commercial buildings newly established in the prospective redevelopment site and the need for enactment and amendment of the laws and ordinances because of the ambiguity of the provision of "one who owns the house of the previous buildings(include the existing illegal built building and the building factually used for the residential purpose) stipulated in Item 1 of Subsec.① of Sec.24 of the Seoul Urban and Residential Environment Adjustment Ordinance. Third, this study proposed the expansion of the loan on moving expenses, the application of the 3-dimensional 환지 방식 and the introduction of the tax increment financing(TIF) as the measure for active support for the public sector in order to protect the rights of original occupants in the redevelopment district. It is expected that the results of this study will be helpful in laying the foundation for transparency and smooth progress of the housing redevelopment project as part of the urban readjustment project continually and sustainedly progressed, creating the comfortable city as a result of the smooth progress of the redevelopment project and improving original occupants' quality of life