@article{ART001497487},
author={김종하},
title={The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={51},
pages={89-112}
TY - JOUR
AU - 김종하
TI - The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project
JO - Public Land Law Review
PY - 2010
VL - 51
IS - null
PB - Korean Public Land Law Association
SP - 89
EP - 112
SN - 1226-251X
AB - Based on problem consciousness of cash liquidation system of housing redevelopment, legal character and appraisal criteria of cash liquidation was comprehensibly reviewed.
Since housing redevelopment project belongs to public service developed by a redevelopment association, prior cash liquidation should be identified as the prior stage of adjudication, loss compensation agreement. Therefore, filing a dispute relating to practical cash liquidation as a form of civil lawsuit results in coexistence of administrative measure followed by its appeal procedure, administrative lawsuit, and civil lawsuit against one legal affair. Consequently, possibility to damage legal stability by court's arbitrary interpretation since the court will not be bound to the law concerned if loss compensation issue caused by public law is considered as civil lawsuit issue. In addition, the appraisal criteria for prior cash liquidation should be based on the approval date of management and disposition plan when the parties for prior cash liquidation and sale are determined. However, in order to prevent any legal confusion, it is a solution to delete the cash liquidation system but define the subjects as agreement or adjudication subjects; or to maintain the prior cash liquidation system but, if agreement on liquidation amount is established, considering it as an agreement under the law of compensation in land use, to effectuate legal effect such as ownership transfer.
KW - 주택재개발(housing redevelopment);관리처분계획(management and disposition plan);조합원 지위(association member status);현금청산(cash liquidation);감정평가 기준(appraisal criteria)
DO -
UR -
ER -
김종하. (2010). The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project. Public Land Law Review, 51, 89-112.
김종하. 2010, "The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project", Public Land Law Review, vol.51, pp.89-112.
김종하 "The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project" Public Land Law Review 51 pp.89-112 (2010) : 89.
김종하. The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project. 2010; 51 89-112.
김종하. "The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project" Public Land Law Review 51(2010) : 89-112.
김종하. The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project. Public Land Law Review, 51, 89-112.
김종하. The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project. Public Land Law Review. 2010; 51 89-112.
김종하. The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project. 2010; 51 89-112.
김종하. "The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project" Public Land Law Review 51(2010) : 89-112.