주택재건축사업 토지분할청구 갈등원인 연구- 사례 및 판례 중심으로 -

초록

This study intends to improve the problem of conflict between owners who have not participated in the study and the reconstruction promotion committee in the consent form to meet the requirement of the member 's consent of the divisional owners in the maintenance area necessary for approval of the reconstruction union establishment for the housing reconstruction maintenance project. The Urban and Residential Environment Improvement Act provides an exception to the scope of the housing reconstruction project in Article 41 of the same Act for the improvement of this problem, but the conflict between the classification owners and the reconstruction promotion committee is deepening. In this study, the theoretical foundation of land division related system is constituted through theoretical review and reference literature, and case analysis shows problems in land division request. The causes of the conflicts are classified into six types of conflicts as the basic data of the reconstruction business districts in Seoul, Gyeonggi - do and Incheon, and analyzed the problems in negotiations for conflict resolution. In the case of unconfirmed land acquisition, if the union is authorized to establish a union, the conflicts between the two parties are producing another conflict. If the beginning of the conflict is a disagreement between the two parties before the union is established, the unilateral land division lawsuit is causing new conflicts. The best of conflict resolution was the amicable agreement of both sides.

키워드