정비사업의 사업시행인가 법적 쟁점 분석 및 개선방안

This study seeks to find out the legal issues from the authorization for project implementation of the redevelopment project, and to suggest the improvement for the solution of the conflict. As the result, First, the legal issues of the authorization for project implementation in redevelopment project can be divided into three categories. 1) Plans, etc. for Project Implementation and the authorization for project implementation : nine cases, 2) Associational Establishment and Partnership' rights and duties : three cases, 3) etc. six cases. Especially, in case of the Plans, etc. for Project Implementation and the authorization for project implementation, the authorization for project implementation, the permission of modified approval, argument of exclusion during exhibition before the public, etc. are main cases of lawsuit. Second, this study suggest that Project Implementer need to secure a real-estate holdings for the authorization for project implementation. To decline on legal disputes in steps of the authorization for project implementation, 'the security ownership' need to be introduced in requirement of the authorization for project implementation, in addition. Third, It is necessary to set up the concept of the authorization for project implementation. It need to change legal attitude that the project implementer as the drafter and the administrative agency as the decision-maker are regarded as the co-respondents.