도시정비사건 소송의 본안전항변사유와 본안쟁점사항에 관한 분석 - 인용률 및 행렬표식 분석기법을 활용한 - = Analysis by Defensive Process Prerequisite and Offensive Cause of Action on the Merits of Lawsuit Cases in Urban and Housing Redevelopment - Based on Affirm-Rate and Staircase Matrix Tables -

다국어 초록 (Multilingual Abstract)

This study explored to analyze the winning determinants of the lawsuit cases on the urban and housing redevelopment project based on jurimetric methods. Based on affirm-rate and staircase matrix tables, 441 lawsuit judgments are analyzed. Research findings in affirm-rate analysis indicate that past legal relation, no own defect of accreditation, no ownership or association member status, lapse of period of litigation, and no legal interest are identified as higher rate in order for the reason for plea on the merit. And so are defect on calculation of consent rate, defect in relation with written consent, approval before zoning designation, defect in relation with general meeting, and defect on zoning designation for the issue on the merit. It is noteworthy from the staircase matrix table analysis that the criteria for affecting the lawsuit outcome is determined based on key forecasting variables such as past legal relation and no ownership or association member status. This study intends to provide the implication that the unnecessary disputes can be reduced in the urban and housing redevelopment project by the implementation of jurimetric quantitative analysis methodology from the perspective of empirical law.

참고문헌 (Reference)

1 Yale Law School, "Spring 2017 Course Information" Yale University

2 Saks, Michael J., "Parallels in Law and Statistics : Decision Making under Uncertainty" 52 (52): 117-122, 2012

3 Keown, R., "Mathematical Models for Legal Prediction" 829-862, 1980

4 Steckman, Kris, "Market-Based Prediction Models as an Aid to Litigation Strategy and Settlement Negotiations" 244-272, 2009

5 Loevinger, Lee, "Jurimetrics ; Science and Prediction in the Field of Law" 46 : 255-260, 1962

6 Baade, Hans Wolfgang, "Jurimetrics" Basic Books 1963

7 Nagel, Stuart S., "Judicial Prediction and Analysis From Empirical Probability Tables" 41 (41): 403-419, 1966

8 Havard Law School, "Course Catalog 2017-2018" Havard University

9 Nagel, Stuart S., "Case Prediction by Staircase Tables and Percentaging" 25 (25): 168-195, 1985