재건축·재개발사업의 법인등기에 관한 실무상의 문제


Study on problems in working-level related to corporate registration for reconstruction·redevelopment

김학환, 이창원

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In case of registration of existing reconstruction&redevelopment, the main concern among union and its members was the general problems related to real-estate registration that is the subject of right&obligation of the union. In fact, even judicial scriveners, who handles a registration task, and union members don't have that much interests or critical mind on corporate(union) registration; a registration related to subject of right&obligation. In practical field, however, overall legal questions related to corporate registration are generated and this issue can be an important matter that will deicide effectiveness such as establishment and extinction of the union. Thus, under this critical mind, this paper is to identify problematic matters in real situations and its solutions among overall legal problems which are generated in relation to corporate registration during the process of establishment and extinction of the union. First, the authenticity of procedures and contents of minute book of organization meeting, which is the most important attached papers in establishment registration of corporation(union), should be guaranteed by verification of attendance. Second, although the registration of acting union leader, who's appointed due to the vacancy of union leader, is not allowed by current law, considering the importance of prevention for possible confusion which occurs in real work place and of realistic tasks that is handled by the acting union leader, it's preferable to have it as registration matter by the amendment of law. Third, in union meeting, objective and specific contents, that allow union members reasonable judgement and clear understanding about dismissal and settlement, must be filled in written agreement for dismissal


< Abstract >
I. 서론
1. 문제의 소재
2. 연구의 목적 및 범위
Ⅱ. 재건축·재개발사업과 법인등기 일반론
1. 재건축·재개발사업
2. 법인등기
Ⅲ. 법인(조합)설립등기
1. 조합의 법적 성질과 근거법령
2. 등기의 기산점 등
3. 조합설립절차
4. 의사록 인증의 문제
Ⅳ. 법인(조합)변경등기
1. 일반론
2. 임원변경등기의 문제
Ⅴ. 법인(조합)해산 및 청산등기
1. 조합의 해산과 청산
2. 조합의 해산결의의 문제
3. 해산등기절차
4. 청산종결등기와 조합의 법인격 소멸
Ⅵ. 결론


  • 김학환 Kim, Hack-Hwan. 한국사이버대 부동산학과 교수
  • 이창원 Lee, Chang-Won. 법무사


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