도시정비사업의 소송쟁점 분석과 제도개선 방안 연구 : 대법원 판례를 중심으로 = Improvement of urban readjustment project system based on litigation issues analysis : focusing supreme court's precedents

다국어 초록 (Multilingual Abstract)

In recent years, the rapid progress of the city as urbanization faced deteriorated housing and the aging society. Urban readjustment project has more important public role as a means of urban regeneration.
This project is a combination of a number of stakeholders are connected to the business and costs a lot of money and time. In addition, social conflicts and disputes that occur frequently in the business.
But business litigation disputes and conflicts caused by the structure of the economy is emerging as a serious problem in Korea. Many areas of the city maintenance business stakeholders and conflict in the case of disagreement between the business and the delay and expense of business and increasing progress that consequential side effects difficult.
In this paper, we present a conflict of Urban readjustment project in the process of litigation and legal proceedings to bring attention to issues with analysis surveys of stakeholders recognized that the policy alternatives were set for research purposes . Similar to previous studies of existing disputes and litigation related to the presence of matter , but in the final stage of litigation with a focus on the case law of the Supreme Court litigation issues analysis was based on the lack of prior research .
Therefore, the present study is the issue of litigation in urban improvement project around the Supreme Court on a case by case basis in a total of 82 analyzed 13 cases related to Steering Committee , 22 cases related to unions , nine related to project implementation plan , management plans related to the disposal litigation cases and 38 cases could be typed each issue . First, the type of litigation issues related to establishment of the Committee stage , the relevant General Assembly resolutions residents were separated , the second stage of the unions regarding transfer of ownership , the combination was divided General Assembly resolution . The third stage of the project implementation plan project implementation plan , the tax levy was separated , and the last step of the administrative disposition of the disposal plan is the management , ownership transfer , charges were separated . Results of each subject of litigation lawsuit by the owner of the manuscript , including 13 in the land , members of 52 cases, 10 in combination , and the other seven cases were analyzed .
Outcome of the original land owner of the manuscript , including three wins , two wins in some manuscripts , the manuscript lost eight cases , respectively. If the plaintiff wins nine members , the plaintiffs in some W 16 , L 27 cases showed plaintiff, the plaintiff if the plaintiff wins the combination of the two cases, plaintiffs in some wins, 3 , L 5 cases showed the manuscript . In addition, the plaintiffs in the other one if the plaintiff wins, the plaintiff wins, 3 in part , the plaintiff lost three cases, respectively. This result is mainly through the action of the members were found to be the principal plaintiff lost most of the financial burden as a meaningful economic and social costs of losses that could find the problem.
Litigation issues and analyzes the relationship between the city , the Urban and Residential Environment Improvement Law revised amendment been made total of 73 cases. In this study, litigation issues and linkage analysis for the Urban and Residential Environment Improvement Law relatively very high standard and some reflection , no reflection of differential were performed separately . Establishing Committee analysis stage, the 'very high' General Assembly resolutions related to the residents 'reflect some', respectively. Establishing a combination of unions stage a 'reflect some ' transfer of ownership of 'very high' combination of General Assembly resolution also showed 'very high' , respectively. Project implementation planning phase of the project implementation plan 'reflect some' of taxes showed a 'no reflection', respectively. Disposal management plan is a step in the administrative disposition 'reflect some' transfer of ownership. Managed through the results of this analysis are fairly weak disposition phase was revised law could determine that.
Disposal management in the planning stages of the management of the disposal plan is a total of 38 cancel the 13 cases.
General Assembly resolution management disposal plan , transfer of ownership. Demolished five buildings, liquidation money residential transfer fee eight cases , transfer tax. Acquisition, including nine, respectively. Issues in detail these issues is the administrative disposition of the management plan effective disposal plan, members of the importance of rights and obligations, the General Assembly resolution was invalid analysis . Transfer of ownership , the transfer of ownership , such as building demolition charges appeared in liquidation money residential transfer fee, transfer tax , purchase tax were analyzed.
Urban Development, the policy implications of this study is the analysis of business issues related litigation on the basis of analysis and recognition presented. The main contents of the policy implications of the Urban Development Project in accordance with the subject of conflict between the interests of preventing unnecessary litigation and policy options for collaborative projects consist of.
First, the city maintenance training courses mandatory for projects subject approach. Recognized expert in the research and promotion committee members mandates the need for a training class and has been recognized results of the analysis , training courses are conducted directly from the local government to enforce the trust or institution was judged to be good.
Second, the transfer tax in the city during and systems maintenance business plan to propose a repeal. liquidation money , transfer tax , such as when calculating the amount of compensation it is emerging from the analysis of conflict , respectively. With eith

목차 (Table of Contents)

• Ⅰ. 서 론 1
• 1. 연구의 배경 및 목적 1
• 2. 연구의 내용 및 방법 3
• Ⅱ. 도시정비사업 개관 및 선행연구 검토 6
• 1. 도시정비사업 개요 6
• 1) 도시정비사업의 의의 8
• 2) 도시정비사업의 절차 8
• 3) 도시정비사업의 현황 10
• 2. 선행연구 검토 12
• 1) 선행연구 현황 12
• 2) 선행연구와의 차별성 16
• Ⅲ. 도시정비사업 관련 대법원소송의 쟁점 검토 18
• 1. 추진위원회 단계 20
• 2. 조합설립 단계 23
• 3. 사업시행계획 단계 27
• 4. 관리처분계획 단계 30
• 5. 소 결 36
• Ⅳ. 소송쟁점과 도시정비법 개정의 관계분석 39
• 1. 도시정비사업의 연도별 법 개정 39
• 1) 추진위원회 단계 41
• 2) 조합설립 단계 43
• 3) 사업시행계획 단계 48
• 4) 관리처분계획 단계 53
• 2. 소송 쟁점과 도시정비법 주요 개정의 연계성 56
• 3. 소 결 59
• Ⅴ. 관리처분 중심 도시정비사업 제도개선 및 인식분석 62
• 1. 관리처분계획의 개요 62
• 2. 관리처분계획의 단계별 쟁점 65
• 1) 관리처분계획인가(무효)취소 건 67
• 2) 관리처분계획 총회결의 무효 건 70
• 3) 소유권 이전 및 건물 철거 건 70
• 4) 청산금 및 주거 이전비 건 71
• 5) 양도세 및 취득세 등 건 73
• 3. 관리처분 중심 제도개선 방안 74
• 1) 소송쟁점 감소방안 74
• 2) 제도 개선방안 76
• 4. 제도개선에 대한 인식분석의 검증 77
• 1) 설문의 개요 77
• 2) 일반사항 요약 79
• 3) 소송쟁점 감소방안 설문결과 80
• 4) 제도개선 방안 설문결과 86
• 5. 소 결 90
• Ⅵ. 결 론 91
• 1. 연구의 요약 91
• 2. 정책적 시사점 및 향후 연구과제 94
• 참 고 문 헌 96
• ABSTRACT 109