본문 바로가기
  • Home

The Appraisal Criteria for Cash Liquidation of Housing Redevelopment Project

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 51(), pp.89-112
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김종하 1

1한국부동산경제연구원

Accredited

ABSTRACT

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.

Citation status

* References for papers published after 2022 are currently being built.