재건축사업의 매도청구권에 관한 고찰

The reconstruction project is a project to improve the stability of residential life and property value in the area by demolishing only old buildings and building new ones. These projects have strong self-interest as they are aimed at increasing the stability of residential life and property values in the area. Unlike redevelopment projects, reconstruction projects have stronger protection of property rights than restrictions on property rights. Because of these characteristics, reconstruction projects are not carried out by compulsorily expropriating land and buildings. A reconstruction project can be implemented if a certain consent rate is met for the establishment of a cooperative. However, the implementation of the project is hindered by those who do not participate in the reconstruction project. As a means of taking action against such people, it is stipulated that the project operator can exercise the right to demand sale from the real estate owner. A request for sale of a reconstruction project is made when consent is not given to the establishment of a cooperative and the designation of a project operator. Also, in cases where a sale application is not made, there is also a method of liquidating the property in cash through agreement between the project operator and the real estate owner. In cases where cash settlement is not possible, a lawsuit for sale is filed. The right to demand sale is the right of a project operator to unilaterally request a sale from the real estate owner. This is a formative right that compulsorily acquires ownership through a unilateral expression of intention by the project operator. If the project operator exercises the right to claim the sale, it is considered a sales contract. Accordingly, the real estate owner has the right to reject his/her obligations if the project operator does not fulfill the obligations. An important issue in exercising a project operator's right to sell is the sale price. The sale price is assessed based on the market price and development profits are also included. On the other hand, if a sale application is not made and cash settlement is not possible, a lawsuit for sale must be filed. At this time, the question is at what point the appraisal should be conducted. In my opinion, it would be natural to consider the time of appraisal of the sale price in a lawsuit for sale claim to be at the time of claim for sale. Therefore, under the current law, when the right to claim a sale is exercised, the time when the sale contract is established should be regarded as the time when the expression of intention to claim the sale reaches the other party. It is reasonable for the sale price to be evaluated based on this point.