신탁업자의 정비사업 시행참여에 관한 법적 연구 = A Study on Trust Business entity` Participation in the Implementation of Rearrangement Projects

다국어 초록 (Multilingual Abstract)

Rearrangement projects make a contribution to the higher quality of housing life for people by improving deteriorated and faulty housing environments in urban areas. There are, however, many cases in which rearrangement projects are postponed in their processes due to the lack of professionalism and morality of the partnership, conflicting interests among the members of partnership, and low feasibility. In an effort to resolve those problems, they are preparing a plan to allow trust business entity to do rearrangement projects. If there are some institutional complementary measures taken, trust business entity will be capable of doing rearrangement projects in a professional and transparent manner and carrying out their affairs objectively, which means that there is a need to allow them to do such projects. Currently the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is being revised (plan) to allow trust business entity to be entrusted with the direct implementation right by the property owners and do rearrangement projects on their own. However, the idea seems difficult to be realized for the following reasons: first, trust business entity have their limitations with the implementation of rearrangement projects as the subjects of public interest proj-ects; second, it is difficult to coordinate the interests of all property owners and carry on rearrangement projects only with trust agreements and rearrangement project implementation regulations; third, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents has basic provisions only for the cases in which trust business entity do rearrangement projects, which does not correspond with the flow of project propulsion method through the establishment of partnership; finally, inefficiency can be caused in the propulsion of rearrangement projects by trust business entity. In other words, the need for trust business entity to participate in rearrangement projects is recognized, but it will be difficult to apply the method of getting trust from the property owners directly in the early stage of rearrangement project and working on the project. If that is difficult, the approach will not be much different from the loan-type (development-type) land trust. It is thus needed to revise the provision about the implementors of rearrangement projects in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and allow trust business entity to participate in the implementation of rearrangement projects. There should be discussions about the ways how trust business entity should be appointed and the scope of job delegation to them in order to allow them to participate in the implementation of rearrangement projects. It is important to select trust business entity for rearrangement projects in an objective and transparent manner and set a clear boundary of job delegation to the selected ones. It is also needed to have discussions about financing when trust business entity participate in the implementation of rearrangement projects. When trust business entity participate in the implementation of rearrangement projects, funds can be raised in diverse ways. However, financing issues should be resolved in the early stage of such projects. Furthermore, it is also required to define relations between trust business entity and professional management enterprises for rearrangement projects that have been managing rearrangement projects clearly and establish regulations about the limits on trust business entity`` liability for damages.

참고문헌 (Reference)

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