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The Analysis of Legal Issue and Improvement Associated with Management Disposal Plan - Focusing Supreme Court`s Precedents -
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도시정비사업 관리처분인가의 법률적 쟁점분석을 통한 개선방안 연구 : 대법원 판례를 중심으로

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Type
Academic journal
Author
Cheun, Sang-Deug (수원대학교) Park, Jae-Hong (수원대학교)
Journal
The Korean Regional Development Association Journal of The Korean Regional Development Association Vol.25 No.5 KCI Accredited Journals
Published
2013.12
Pages
25 - 44 (20page)

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The Analysis of Legal Issue and Improvement Associated with Management Disposal Plan - Focusing Supreme Court`s Precedents -
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Abstract· Keywords

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Problems of management disposal plan on law cases and improvements are analyzed. And the final decision of the suit, including the target documents, such as documents related to legal issue through literature, reason and action lawsuit results were analyzed by 38 cases. which is into five categories. 1) Management Disposal plan are canceled(nullity) :13cases 2) general meeting resolution is nullity : 3 cases 3)transfer of property and building demolition :5cases 4) purchase payment and residential migration expenses : 8cases 5)capital gain tax and others : 9cases. Plaintiffs were unionists(28 cases) and union(6 cases), others(4 cases). And the results of suit were favorable judgment(4 cases) and partially favorable judgment(12 cases), a losing suit(including dismissal and others)(22 cases). Policy Implication suggest that abolished Multi Housing Owner transfer tax heavy taxation system and reduced permanent acquisition tax. In addition, date of the payment of liquidation money and residential migration expenses are fixed by articles of association. In conclusion, it knows that unionist of maintenance business field make it a rule to have responsibility education from the cases. Because the subject of lawsuit was that mostly unionist sued union. It shows that revised ordinance of local government to making obliged education helped reducing effect of dispute and promoting projects.
#도시 및 주거환경 정비법(the urban and residential environment maintenancelaw) #정비사업(redevelopment project) #관리처분 #(management disposal plan) 법적쟁점(Legal Issues) #소송(lawsuit)

Contents

Abstract
1. 서론
2. 이론 및 선행연구
3. 관리처분 계획인가 단계의 법적 쟁점 실증 분석 : 대법원 판례중심
4. 결론
참고문헌

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UCI(KEPA) : I410-ECN-0101-2015-300-001071178