도시 및 주거환경정비법상 매도청구권 개선방안에 관한 연구

The Right to Request Sale is a right to claim the ownership of land and buildings to the project implementer through certain procedures for those who have not consented to the establishment of an association and those who are not eligible to consent to the establishment of an association when implementing a reconstruction project, and is a system recognized only for reconstruction projects among various maintenance projects. The Right to Request Sale in reconstruction projects was previously recognized under Article 48 of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Condominium Buildings Act”) and Article 44(3) of the Housing Construction Promotion Act. The Act on the Improvement of Urban Areas and Residential Environments (hereinafter referred to as the “Urban Improvement Act”), enacted by Act No. 6841 of December 30, 2003, stipulates the Right to Request Sale in housing reconstruction projects, and its procedures and contents are in accordance with Article 48 of the Condominium Buildings Act. Although the Urban Improvement Act is a public law that regulates maintenance projects that meet public needs under the Constitution, it has been criticized that it is inconsistent with the legal system to rely on the Condominium Building Act, a type of civil law, for the grounds for deprivation of property rights under the Constitution’s authority, and therefore, the Urban Improvement Act, which was completely revised in 2017, stipulates a complete Right to Request Sale clause in the Urban Improvement Act itself. However, in 2018, the reconstruction market suffered a recession due to changes in the safety inspection standards for reconstruction and the implementation of the excess profit recapture system, and not much research was done on the revised Right to Request Sale in 2017. The revised Urban Improvement Act significantly mitigated the disadvantages for landowners by postponing the temporal requirement of the Right to Request Sale after the approval of the project and limiting the claim period to 30 days after the approval notice, but unlike the standard articles of association, there is no provision or clause on whether a person can become a member of association again after exercising the Right to Request Sale, and amended Article 64(5) which was discussed at the time of the amendment, was deleted so that the Right to Request Sale lawsuit can be handled as a civil lawsuit. Furthermore, the revised Urban Improvement Act does not provide specific alternatives for the calculation of the purchase price, deletes the phrase that requires the sale at the “market price”, and does not stipulate any remedies when the period for exercising the Right to Request Sale has expired. This study refers to previous studies, but focuses on issues that have not yet been directly addressed in the previous studies, such as (1) whether an agreement to form an association restricts the exercise of the Right to Request Sale, (2) the jurisdiction of the Right to Request Sale, (3) the calculation of the purchase price, and (4) the remedy if the Right to Request Sale expires.