재건축현금청산자의 재분양신청에 관한 고찰

The reconstruction project is carried out by a reconstruction association established as an autonomous will of the owner of the land according to the principle of private autonomy. The reconstruction association shall go through the process of announcing the sale and applying for the sale of real estate based on the preparation and change of the project implementation plan for all projects necessary for the reconstruction project. The sale of real estate by these procedures is carried out smoothly because there are many people who will receive the sale when the real estate market is good, and when the real estate market is bad, the number of people who will not receive the sale increases, which hinders the execution of the project. This is because the union must pay in cash for those who have not received the sale. As part of solving this problem, the reconstruction association should be able to give cash liquidators who have not applied for the sale an opportunity to apply for the sale again. The basis for granting the right to apply for re-sale is the discretionary act of the reconstruction association with the status as an administrative entity. For example, opportunities to apply for re-sale are given by changing the business implementation plan of the reconstruction association, changing the articles of incorporation, and resolution of the general meeting. Prior to the full revision of the Urban Improvement Act in 2017, there were cases where the opportunity to apply for re-sale to cash liquidators was given at the discretion of the union, which was controversial. In order to solve this controversy, the basis for granting an opportunity to apply for re-sale to cash liquidators after the Urban Improvement Act was completely revised was stipulated. However, these regulations raised a new issue again. The main issue in this regard is, first, can the reconstruction association give cash liquidators the opportunity to apply for re-sale on the premise of changing the project implementation plan? Second, can the reconstruction association give cash liquidators an opportunity to apply for re-sale through a change in the articles of incorporation and a resolution of the general meeting without changing the project implementation plan. If a reconstruction association is premised on a project implementation plan, it tends to interfere with the reconstruction project because each time the plan is changed, it must go through the redistribution application process. Therefore, the application for redistribution to the cash liquidator should be made at the discretion of the reconstruction association without presupposing a change in the project implementation plan. In conclusion, regardless of the change in the project implementation plan, the application for redistribution by the reconstruction cash liquidator should be given in practice in accordance with the circumstances of the association.