정비사업 조합설립 법적 쟁점 분석 및 개선방안 연구

Abstract

The purpose of this study is to analyze the legal issues arising from the establishmentof redevelopment project associations and suggest the solutions. The findings from the studydemonstrate that the lawsuit relating to the establishment of redevelopment project associationsaccounts for 28 percent(48 cases) of 170 administrative litigation cases, and the main cause of takinglegal action is divided into three categories such as 1) cancellation of the authorization for theestablishment of association : 9 cases(18.8%), 2) affirmation of the nullity of the authorization forthe establishment of association: 38 cases(79.2%), 3) suspension of the validity of the authorizationfor the establishment of association : 1 case(2.0%). Next, the solutions to the conflict arising fromthe establishment of redevelopment project associations include the followings. First, there is a needto utilize professional mentor to improve the negotiation and mediation skills for securing theexpertise and transparency of association, and introduce professional association leader system. Second, it is necessary to overcome the distrust in association by probating the corresponding projectsexpenses(selling price, the evaluation of asset value before and after the project, and constructioncost, etc.) through a redevelopment project investigation committee.