주택재건축사업 매도청구권행사상의 문제점 및 개선방안에 관한 연구

The right of selling claims is a right granted to the union I.e. the promoter for the smooth progress in reconstruction project to sell the land or the building whose ownership is limited to the land or the building or who doesn't agree to the union establishment since the next step won't happen should one person chooses not to participate in the project which would result in the promoter not having secured the land and the buildings within the target area. When the union exercises its right of selling claims, the validity of sales will be down for discussion. In such a case, the price of the selling object is to include the anticipated development profit from the reconstruction project. However the regulations regarding the exercising procedure(pressure) for the selling claims uses an uncertain conceptual phrase 'without delay' and he exercise period has been set at a mere 2-months time at that. Additionally the usage of an abstract standard of 'developmental profit should be included in the price calculation' does not provide any specific assessment method nor standard for the developmental profit or the sales price. For such reasons, parties of interest in the reconstruction projects overissue lawsuits due to disputed caused by the differences in the criteria and regulations applied to the process and the price calculation. And such legal battles result in the extension of reconstruction period and thus a waste in time as well as provide a factor for the increase in financial cost and rise of the parcel price, Ultimately, all these phenomenons build up a problem which would bring enormous damages to the union members eventually. Therefore, the purpose of this study lies in preventing legal conflicts likely to happen while exercising the right to selling claims during the reconstruction process and in bringing success to the reconstruction project by (1) analysing the disputes in real lives related to the requisites, procedures, price calculations and so on while exercising the right (2) then suggesting a realistic improvement(legislation) measures especially for the exercising period & price calculation within selling claims system.