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Parcelling-out Non-contractor’s Legal Position in Housing Redevelopment Project and Measures for Improvement

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 57(), pp.147-170
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Jong Ha 1,  Jae-Ho Kim 2

1목원대학교
2충남대학교

Accredited

ABSTRACT

The Urban and Residential Environment Improvement Act regulates a cash liquidation system for association members against housing redevelopment. And it includes procedural standards used to understand the availability of a project approval on an application for parcelling-out, such as denying and cancelling applications for parcelling-out. On the other hand, those who have not signed parcelling-out contracts that do not exist in the law are made to apply correspondingly to the regulations concerning those who have cancelled an application for parcelling-out due to the articles of association. Such measure results in the indirect interpretation of a public legal effect by the availability of a civil agreement. Here, firstly, since an association’s obligatory cash liquidation issuance is clearly stated as a day next to an expiration date for a parcelling-out application period due to recently revised Urban and Residential Environment Improvement Act, a parcelling-out application cancellation period must be regarded as an application expiration date. Also, when the cancellation of a parcelling-out application is indirectly acknowledged through the articles of association, disposition for a management and disposition plan established based on an parcelling-out application denied according to a civil agreement. Therefore, such articles of association regulation are nullified. Secondly, the articles of association must state items necessary to operate an association, while it is appropriate to carry forward a project’s main procedure through disposition. Therefore, disposition procedures and the collection and procedures of a disposition amount, both of which are stated in the items of the current articles of association, must be specifically stated by law. If the Urban and Residential Environment Improvement Act is revised in this manner, civil and administrative lawsuits, both of which are mixed together and related to housing redevelopment, will be categorized. Thirdly, when a person denies a parcelling-out application, the current urban and residential environment improvement act categorizes the person as a cash liquidation subject due to a sign of important opposition against a project. However, it is understood that first categorizing cash liquidation subjects through the approval of a management and disposition plan first and finalizing a cash liquidation subject through the approval of a management and disposition plan including cash liquidation subjects and description of right next does not only endow a procedural effect, but also allows for the classification of judicial and public effects. Lastly, a revision is necessary to clearly state a decision subject and to regard a cash liquidation agreement as an agreement in a public project law by explicitly stating that a decision may be registered when a cash liquidation agreement is not met. In this way, a cash liquidation subject becomes a subject for compensation for loss, migration settlement funds are included in inhabitants migration measures to be combined as fair compensation.

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