Redevelopment is public utilities undertaking that intend to attain public purpose of renewing urban-function and improving resident environment on zones which urban-based facilities are inferior and bad superannuated houses are built up densely. Reco...
Redevelopment is public utilities undertaking that intend to attain public purpose of renewing urban-function and improving resident environment on zones which urban-based facilities are inferior and bad superannuated houses are built up densely. Reconstruction is undertaking of public character which is supervised under the guardianship of administrative organ so that they prevent corruption and irrationality and resolve factional rivalry inside the reconstruction association in the course of enforcement efficiently, even if it is not pulic utilities undertaking. As government and local autonomous entity do not realistically spport the expansion and establishment expenses of such urban-based facilities as road, school, park, water supply facilities, sewerage system, and as development works expenses are appropriated only with the expense allotment burdens of the association members which base on development profit from house price rise, the expense allotment burden size of each member is the most important and core topic which dominate whether they attend the development undertaking or not. In addition, if each expense allotment burden is increased considerably in the drive proceeding steps of the undertakings, it becomes also the serious problem in the position of each association member because so undertakings cannot be identified with initial redevelopment or reconstruction. Moreover, the subject of the expense allotment burden is the standard of judgement on trial by which the consent for redevelopment or reconstruction and the practice of the association establishment is judged whether validity or void. If each burden is increased the undertaking enforcement plan and the administration disposition plan become valid only on accepting a special large majority agreement of the members, and on appropriating the procedure requirements that the members are notified the details of expense allotment burden before decision of the administration disposition plan. It is the point at issue that the judicial precedents with regard to the expense allotment burden are sevral times changed according to the phases of the times and the yield of undertakings. That makes the legal stability of the judicial precedents relating to redevelopment or reconstruction shaken.
Particulary, the legal principal which regards redevelopment or reconstruction associations as administrative agency, and deems the undertaking procedures as administrative disposition is estranged from the realities in which the blank sheets of agreement paper infest in the stage of consenting for establishment of redvelopment or reconstruction associations, and a large sum of expense allotment burden is levied the association members unexpectedly after the associates go through the general meetings in rough-and-ready way without the notification to members about the details of the administration disposition plan. The public at large cannot so much as imagine redevelopment or reconstruction association to be same like such administrative body as mayor, county headman, headman of a ward. Though the association is the private legal person entrusted with a public service like the financial competent institutions, the great gab of the expertise level between the association and the institutions exists. If the court hesitates the illegality judgement against defective practices of the associations on the pretext of only the legal principal of the legal stabilities of administrative disposition or that administrative disposition becomes void provided that a defect is serious and obvious, no matter how much defect happen in the proceed of establishing the association or the administration disposition plan, the judicial precedents relating to the redevelopment or reconstruction cannot win public confidence from the residents at that zone. Besides, the essential differences exist between the redevelopment and reconstruction, contrary to the policy intention that supervises