earticle

영어

This paper aims to analyze the main legal issues of cash settlement on redevelopment projects and to elicit policy implications considering the housing market conditions have been changed. There are few articles regarding cash settlement on the 'Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents' and the articles are insufficient and incomplete to deal with conflicts. As a result, it is inevitable to be arbitrated by the court judgement for an each lawsuit. The results based on the analysis of 26 legal cases regarding cash settlement are as follows. The main legal issues can be classified to 5 categories: 1)qualified subjects for cash settlement, 2)estimation guidelines, 3)the relation between cash settlement and ownership transfer or deprivation of member's qualification, 4)the duties of implementor, and 5)the etc. Among 26 cases, 50 percents(the 13 cases) are related to the 3rd category issue. It means that the absence of the article ruled the relation between cash settlement and ownership transfer or deprivation of member's qualification is the most important background of conflicts. The point of the 2nd category issue are the date of estimation, the inclusion of residential compensation, and the deduction of the project cost. It needs to provide additional articles on the Act and to reform the institutions for coping with cash settlement process.