주택재개발사업 세입자의 법적권리 의식

정복환(Jeong, Bok-Hwan),김갑열(Kim, Gab-Youl) 대한부동산학회 2011 大韓不動産學會誌 Vol.29 No.2

In the housing redevelopment project, tenants can receive just compensation when they have an accurate knowledge of their legal rights. In this sense, this study attempted to analyze tenants consciousness of legal rights because they had a poor knowledge of the realties. As a result, the following findings were obtained: First, the project should be progressed in consideration of tenants age, educational level. family members, size of the rental housing, occupancy form of the house and the like. Second, the vehicle for request the disclosure of administrative information is needed to meet tenants right to know since they have a poor knowledge of their legal rights. Third, the district office and the association of the housing redevelopment district needs to provide residents with public relations and education before and after the housing redevelopment project. Fourth, it is necessary to establish the clear-cut basic statute and criterion for the period of payment for residental relocation expenses. Fifth, it is necessary to take into consideration the compensation for residental relocation expenses, the area of the nest housing, rent, period of tenants moving, the key money of the lease to increase related to resettlement and its resultant rent, and the period of resettlement and the like in terms of social security. And it is necessary to take the proper measure for tenants.

상가권리금 중개의 제도적 개선방안에 관한 연구

정복환 ( Jeong Bok Hwan ),한현동 ( Han Hyun Dong ),김승욱 ( Kim Seung Wook ) 한국부동산학회 2013 不動産學報 Vol.52 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is to propose introduction of commission on premium and to make foundation and regulation for just payment of commission by introducing method. This can prevent a leaseholder from being damaged or given burden by doing approving transaction. (2) RESEARCH METHOD This study adopted the existing theoretical review and we choose literature reaserch methods through present Korean laws and Supreme Court cases which have something to commercial building premium and real estate brokerage. (3) RESEARCH FINDINGS This research suggests a plan of introduction of real estate commission and method of calculation on commercial building premium. 2. RESULTS First, the practice of commission payment on commercial building premium charged by business custom must be modified and introduced into positive law. Second, method of commission calulation commercial building premium must be regulated by law. Third method of premium calculation breakdown must be introduced on commercial building transfer contract. Forth, the creation of a real right of commercial building premium and public announcement system must be introduced when a fixed date is given on commercial building lease contract.

주택재개발사업 정보제공자의 사회관계

정복환(Jeong, Bok Hwan),방경식(Bang, Kyung Sik) 韓國不動産學會 2011 不動産學報 Vol.47 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study was to analyze the social relations among eight groups of information providers and identify how its characteristics appear in order to consider the scheme for realization of tenants' legal rights and relief of their rights in the housing redevelopment project. (2) RESEARCH METHOD To collect data, the interview method was employed through personal visits to households. The population of residential tenants accounted for 826 households. 400 questionnaires were distributed to the number of households in each district, and 342 returned questionnaires were used for analysis. The standard deviation was 95% and the level of significance was ±4.06%. (3) RESEARCH RESULTS As a result of analysis, the following findings were obtained: First, the district office is situated at the center of the social relations. Second, the association provides tenants with information and is provided with it from them and have the greatest influence on them second to the district office. Third, the rehabilitation project management company, the construction company and SH corporation are all the coordinate group. Each organization of them provides the others with information and is provided with it from them, and performs a mediating role in the relationship between the association, the developer. and the district office, the administrative office. Fourth, the district office, the public administrative office, is the supervisor of the project. It is positioned at the center between the association, the developer and local residents(association members) or licensed real estate agent or appraiser. Fifth, residents(association members) and licensed real estate agent or appraiser are not active all the time and communicate with each other through the association or the district office. 2. RESULTS It would be possible to get the suggestion necessary to protect the rights of such groups of information providers by making clear the relationship between them in order to meet tenants' legal rights and right to know.

아파트 공동체 주민참여의 사회관계 분석 - 서울특별시 거주자를 중심으로 -

김해숙,정복환,이재성,Kim, Hae-Sook,Jeong, Bok-Hwan,Lee, Jae-Seoung 한국주거학회 2014 한국주거학회 논문집 Vol.25 No.6

The purpose of this study was to identify a direction for increase of resident participation by analyzing the social relations of resident participation. In the research method, the method of statistical analysis was added to the legal institutional method. As a result, the following findings were obtained: First, it is very important that the resident representative meeting at the center of the participation of the resident organization should take the role in and responsibility for the promotion of participation. Second, it is necessary to have smooth communication with voluntary groups such as women's association or club forming the coordinating group. Third, Among other things, it is judged that residents should have an active will to participate and practice in order to promote their participation in the apartment community. The above results imply that participation should be promoted by enabling residents to perform four functions of resident participation. Accordingly, the promotion of participation based on the function of participation is very necessary and important.

주택재개발사업 구역내 세입자의 주거이전비

김해숙(Kim, Hae Sook),정복환(Jeong, Bok Hwan),김갑열(Kim, Gab Youl) 한국부동산학회 2013 不動産學報 Vol.55 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study was to investigate the present situation of statutory provisions and judicial precedents related to the compensation of residential migration expenses for realization of residential tenants' rights within the housing redevelopment project district, identify its problem and present desirable policy suggestions for actualizing them. (2) RESEARCH METHOD The literature research and precedent analysis were carried out as legal and institutional approach in the research method. (3) RESEARCH FINDINGS The findings could be summarized as follows: First. the administrative authority(ward chief) should take the lead in informing residential tenants of residential migration expenses. Second, residential tenants should be prevented from confusion through the unification and reorganization of statutes related to residential migration expenses. Third. relevant statutory provisions and criteria should be reestablished for the basic date of payment for residential migration expenses. Fourth, the judicial precedent of the Supreme Court should change the basic date of payment for residential migration expenses into the notice date of authorization for project implementation. Fifth, the proper tenant compensation measure should be taken for the amount of compensation for 4-month residential migration expenses. 2. RESULTS In conclusion, statutes and judicial precedents, and the administrative authority(ward chief), the association(including its members) and tenants should have the community spirit, not the antagonism, for the compensat ion of residential migration expenses. The compensation of residential migration expenses is thought to be one of the total problem of the housing redevelopment renewal project to be resolved as one of the win-win strategy over the process of its progression.

공동주택 공동체 주민참여와 영향력관계 : 서울특별시 아파트 거주주민을 중심으로

김해숙(Kim, Hae Sook),정복환(Jeong, Bok Hwan) 韓國不動産學會 2016 不動産學報 Vol.65 No.-

본 논문의 목적은 공동주택 공동체 주민참여와 영향력관계를 분석하여 주민조직 참여증진 방향을 규명하는데 있다. 연구방법은 법·제도적 방법에 설문지를 이용한 통계적 방법을 병용하였다. 분석결과를 요약하면 다음과 같다. 첫째, 주민조직에서 영향력이 가장 큰 비공식조직인 부녀회를 중심으로 주민참여를 증진하는 것이 타당하다. 둘째, 공식조직인 입주자대표회의의 역할과 책임의 중요성을 시사한다. 셋째, 참여증진을 위해 등위집단인 부녀회나 동호회 등 자생조직들과 원활한 의사소통이 필요하다. 넷째, 정부나 지방자치단체의 참여증진과 공공성 강화를 위한 조정자 역할수행이 필요하다. 다섯째, 공동체 주민참여는 참여유형이 영향을 미치지 않으므로, 참여증진은 주민들의 자발적 참여가 아주 중요하다. 본 연구는 주민참여와 영향력관계를 규명하였다는 점, 부녀회나 입주자대표회의와 같은 영향력 있는 주민조직을 중심으로 참여증진 방향을 제시하였다는 점에서 연구가치가 있다. 1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study was to identify the method of promoting apartment dwellers' participation in the resident organization by analyzing the relationship between resident participation in the apartment community and its influence. (2) RESEARCH METHOD In the research method, the statistical method using the questionnaire research was employed as well as the legal and institutional method. (3) RESEARCH FINDINGS As a result, the following findings could be summarized: First, it is valid to promote resident participation with a focus on the women's meeting, the inofficial organization of the greatest influence in the resident organization. Second, it is necessary to take note of the importance of the role and responsibility of the occupant representative meeting, the official organization. Third, it is necessary to have smooth communication with vlunatry organizations such as coordinate groups such as women's meeting and like-minded association and so on in order to promote resident participation. Fourth, both national government and local government should perform a role as the mediator for promoting resident participation and reinforcing publicity. Fifth, it is very important that residents should have voluntary participation as the type of participation has no effect on resident participation in the community. 2. RESULTS This study has its academic significance in that it identified the relationship between resident participation in the apartment community and its influence and in that it claimed that residents should promote their participation in the influential residential organization such as the women's meeting and the occupant representative meeting.