주택재개발사업에 있어 현금청산대상자의 확정과 법적 지위

When members of a housing redevelopment association renounce their status as distributees of lands and buildings, or are excluded from the status as distributees according to the management and disposition plan, the members simultaneously become the parties for prior cash liquidation and lose their status as association members. Prior cash liquidation has the same legal character as loss compensation in substance. When the association and the parties for prior cash liquidation fail to reach agreement on cash liquidation, land and building expropriation procedure commences. We can point out ① in cases of agreements, the right of the defence of simultaneous performance to refuse performance of their own duties before liquidation amount payment of the association, ② in case of rupture of negotiations, claim for adjudication requests and the right to receive additional charges by delay of adjudication requests, as institutional measures to consolidate legal status of the parties for prior cash liquidation from the negotiation phase to the expropriation phase for prior cash liquidation. The parties for prior cash liquidation have the right to be compensated for their relocation because according to article 37 ③ and 40 ① of ‘City and Residential Environment Improvement Act’, the provisions of ‘Act on the Acquisition of Land etc. for Public Works and the Compensation’ on land and building expropriation for public works and loss compensation shall apply correspondingly in cases of housing redevelopment project.