도시 및 주거환경정비법상 재건축사업의 매도청구권 소송사례분석과 개선방안

Reconstruction is concerned with lots of parties like the housing union, the members, non-members and officials of the union, public authorities concerned, the main constructor and the company of urban rearrangement management. Such project can be properly proceeded and completed only when interests of concerned parties are better coordinated. To proceed housing reconstruction more smoothly requires better coordinating different interests of concerned parties who are entangled or even confronted with each other. But this may be very difficult. Actually, there were few cases of reconstruction that were smoothly proceeded under mutual positive cooperation among interested parties of the project. In fact, disputes among concerned parties of reconstruction may be said as inherent in the project. Such disputes, especially legal, necessarily result in the extension of the period of reconstruction. What the extension, or the waste of time means is financial cost increase. This situation ultimately may lead to the abandonment of reconstruction despite an enormous expenditure of the project was already made because it may cause the project to lose its validity. Giving up reconstruction is never a result that interested parties of the project. It is also undesirable in terms of public benefit. Shortening the period of reconstruction by preventing or rapidly solving legal disputes among interested parties has a great effect on the success of the project. Based on the above problems of reconstruction, this study investigated actual cases of legal disputes over the right of claim for sale as arisen in the progress of the project, and proposed how to improve the existing system of using the same right. Here, the ultimate purpose of this study lies in contributing to the success of reconstruction by using the foresaid proposal to help prevent or rapidly solve legal disputes over the right of claim for sale as arisen in relation to the implementation of the project.