도시정비사업 관리처분인가의 법률적 쟁점분석을 통한 개선방안 연구

• 영문명: The Analysis of Legal Issue and Improvement Associated with Management Disposal Plan
• 발행기관: 한국지역개발학회
• 저자명: 천상덕(Cheun Sang Deug) 박재홍(Park Jae Hong)
• 간행물 정보: 『한국지역개발학회지』제25권 제5호, 25~44쪽, 전체 20쪽
• 주제분류: 사회과학 > 지역개발
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

Problems of management disposal plan on law cases and improvements are analyzed. And the final decision of the suit, including the target documents, such as documents related to legal issue through literature, reason and action lawsuit results were analyzed by 38 cases. which is into five categories. 1) Management Disposal plan are canceled(nullity) :13cases 2) general meeting resolution is nullity : 3 cases 3)transfer of property and building demolition :5cases 4) purchase payment and residential migration expenses : 8cases 5)capital gain tax and others : 9cases. Plaintiffs were unionists(28 cases) and union(6 cases), others(4 cases). And the results of suit were favorable judgment(4 cases) and partially favorable judgment(12 cases), a losing suit(including dismissal and others)(22 cases). Policy Implication suggest that abolished Multi Housing Owner transfer tax heavy taxation system and reduced permanent acquisition tax. In addition, date of the payment of liquidation money and residential migration expenses are fixed by articles of association. In conclusion, it knows that unionist of maintenance business field make it a rule to have responsibility education from the cases. Because the subject of lawsuit was that mostly unionist sued union. It shows that revised ordinance of local government to making obliged education helped reducing effect of dispute and promoting projects.

목차

1. 서 론

2. 이론 및 선행연구

3. 관리처분 계획인가 단계의 법적 쟁점 실증 분석 : 대법원 판례중심

4. 결 론

주

참 고 문 헌

키워드

도시 및 주거환경 정비법(the urban and residential environment maintenance law) 정비사업(redevelopment project) 관리처분 (management disposal plan) 법적쟁점(Legal Issues) 소송(lawsuit)