최신 재개발·재건축의 이해

김덕기 , 이규훈 지음

한국도시환경연구원 2024년 04월 20일 출간

작품소개

책소개

“정비사업”이란 「도시 및 주거환경정비법」에서 정한 절차에 따라 도시기능을 회복하기 위하여 정비구역 안에서 정비기반시설을 정비하고 노후·불량 건축물을 효율적으로 개량하기 위하여 필요한 사항을 규정함으로써 도시환경을 개선하고 주거생활의 질을 높이기 위한 사업으로 사업성격에 따라 주거환경개선사업, 재개발사업, 재건축사업이 있다.
주거환경개선사업은 도시 저소득 주민이 집단거주하는 지역으로서 정비기반시설이 극히 열악하고 노후·불량건축물이 과도하게 밀집한 지역의 주거환경을 개선하거나 단독주택 및 다세대주택이 밀집한 지역에서 정비기반시설과 공동이용시설 확충을 통하여 주거환경을 보전·정비·개량하기 위한 사업을 말한다. 재개발사업은 정비기반시설이 열악하고 노후·불량건축물이 밀집한 지역에서 주거환경을 개선하거나 상업지역·공업지역 등에서 도시기능의 회복 및 상권 활성화 등을 위하여 도시환경을 개선하기 위한 사업을 말한다. 재건축사업은 정비기반시설은 양호하나 노후·불량건축물에 해당하는 공동주택이 밀집한 지역에서 주거환경을 개선하기 위한 사업이다.
오래된 도시는 인구 및 산업체의 도심 집중으로 인한 교통체증, 도로 및 건물 등을 포함한 시설물의 노화 등으로 지역이 슬럼화 됨으로써 그로 인한 인구의 이탈로 연결되어 정비사업의 필요성이 제기된다.
또한 기존의 도시는 토지의 생산성을 높이기 위한 경제적 이유와 사회 구성원들의 행복을 추구하기 위한 사회적 이유, 건축 구조물과 기반시설의 노후화로 인한 물리적 이유, 도시 전체의 균형과 아름다움을 갖추기 위한 심미적 이유에서 정비사업의 필요성이 제기된다.

목차

제1부 정비사업의 일반
제1장 「도시 및 주거환경정비법」의 목적
Ⅰ. 「도시 및 주거환경정비법」의 개요
1. 정비사업의 정의 ····························································· 14
2. 목적 ············································································ 15
3. 제정이유 ······································································ 15
4. 연혁 ··········································································· 15
5. 「도시 및 주거환경정비법」 주요 내용 ····································· 16

Ⅱ. 「도시 및 주거환경정비법」의 제정 등
1. 도시정비 관련법 준비 단계 ················································· 17
2. 도시정비법 도입 이전 단계 ················································· 18
3. 2002년 도시정비사업의 통합법 제정 ····································· 19
4. 2017. 2. 8. 전면개정[2018. 2. 9. 시행] ································· 19
5. 정비사업의 유형 ····························································· 20
6. 정비사업 방식의 비교 ······················································· 29
7. 정비사업의 특징 ······························································ 30

Ⅲ. 용어의 정의
1. 「국토의 계획 및 이용에 관한 법령」 용어의 정의 ······················· 33
2. 「주택법」 용어의 정의 ······················································· 36
3. 「주택건설기준 등에 관한 규정」 용어의 정의 ···························· 40
4. 「주택공급에 관한 규칙」 용어의 정의 ····································· 41
5. 「공동주택관리법」 용어의 정의 ··········································· 43
6. 「빈집 및 소규모주택 정비에 관한 특례법령」 용어의 정의 ············· 45
7. 「노후계획도시정비 및 지원에 관한 특별법령」 용어의 정의 ··········· 47
8. 「도시 및 주거환경정비법」 용어의 정의 ·································· 48

제2장 도시정비사업의 계획 및 시행
Ⅰ. 도시정비사업의 계획
1. 기본방침 및 기본계획의 수립 ·············································· 72
2. 정비계획 수립 및 정비구역의 지정 ········································ 75
3. 정비구역의 지정 및 해제 ···················································· 77

Ⅱ. 도시정비사업의 시행
1. 정비사업의 시행방법 등 ···················································· 81
2. 조합설립추진위원회 및 조합의 설립 등 ·································· 85
3. 사업시행계획 등 ····························································· 88
4. 정비사업 시행을 위한 조치 등 ············································· 90
5. 관리처분계획 등 ····························································· 92
6. 공사완료에 따른 조치 등 ··················································· 95

제3장 도시정비사업의 유형
Ⅰ. 주거환경개선사업
1. 재개발사업의 개요 ·························································· 101
2. 재개발사업의 시행방법 ····················································· 101
3. 재개발사업의 절차 ·························································· 102
4. 사업시행자 등 ······························································· 104

Ⅲ. 재건축사업
1. 재건축사업의 개념 ·························································· 108
2. 재건축사업의 내용 ·························································· 111

Ⅳ. 소규모주택정비사업
1. 토지등소유자 ······························································· 114
2. 소규모주택정비사업의 대상지역 ·········································· 115
3. 소규모주택정비사업의 시행방법 ·········································· 120
4. 소규모주택정비사업의 시행자 ············································ 123

Ⅴ. 노후계획도시정비사업
1. 노후계획도시정비를 위한 추진체계 ······································ 125
2. 노후계획도시정비사업의 사업시행자 ···································· 128
3. 통합심의 ····································································· 129
4. 노후계획도시정비사업의 특례 ············································· 132
5. 다른 법률과의 관계 ························································· 134

제4장 정비사업의 추진단계
Ⅰ. 계획 수립단계
1. 도시·주거환경정비기본방침 수립 ········································· 136
2. 도시·주거환경정비기본계획 수립 ········································· 136
3. 도시·주거환경정비기본계획 확정고시 ··································· 137
4. 정비구역지정 ································································ 138
5. 정비계획 결정 및 정비구역 지정·고시 ··································· 139

Ⅱ. 시행주체 구성단계
1. 조합설립 추진위원회 구성 및 승인 ······································· 141
2. 조합설립동의서 징구 ······················································· 141
3. 창립총회 ····································································· 142
4. 조합설립인가 ································································ 143
5. 시공자선정 ··································································· 143

Ⅲ. 실행계획 수립단계
1. 건축심의 ····································································· 146
2. 사업시행계획인가 ·························································· 146
3. 종전·종후 자산평가 ························································ 147
4. 토지등소유자 분양신청 ····················································· 148
5. 관리처분계획인가 고시 ····················································· 148

Ⅳ. 공사 및 완료단계
1. 이주 및 철거 ································································· 150
2. 착공 및 일반분양 ··························································· 150
3. 준공인가 및 공사완료 고시 ················································ 151
4. 토지분할 및 이전고시 ······················································ 152
5. 조합해산 및 청산 ··························································· 152

제2부 재개발사업
제1장 재개발의 개관
Ⅰ. 재개발사업 개요
1. 재개발사업 개념 ···························································· 156
2. 재개발사업 절차 ···························································· 160

Ⅱ. 사업준비
1. 재개발사업 계획 ···························································· 162
2. 정비구역 지정 및 해제 ····················································· 168
3. 사업시행자 등 ······························································· 171
4. 재개발사업 절차 ···························································· 176

제2장 조합 설립
Ⅰ. 조합이 시행하는 경우
1 .조합설립추진위원회 구성 등 ·············································· 178
2. 조합설립추진위원회 운영 ·················································· 182
3. 창립총회 및 조합설립인가 ················································· 209
4. 조합의 구성 ·································································· 218
5. 조합의 운영 ·································································· 227
6. 토지등소유자의 동의 ······················································· 237

Ⅱ. 조합 외의 자가 시행하는 경우
1. 주민대표회의 ································································ 250
2. 토지등소유자 전체회의 ···················································· 252

Ⅲ. 시공자 선정
1. 시공자 선정방법 ···························································· 255
2. 시공자 계약 ································································· 260

제3장 공공재개발사업 및 역세권 개발사업의 시행
Ⅰ. 공공재개발사업의 시행
1. 공공재개발사업 예정구역의 지정·고시 ·································· 270
2. 공공재개발사업을 위한 정비구역 지정 등 ······························· 271
3. 공공재개발사업 예정구역 및 정비구역 지정을 위한 특례 ············· 272
4. 공공재개발사업에서의 용적률 완화 및 주택 건설비율 등 ············· 272
5. 사업시행계획의 통합심의 ················································· 273
6. 정비구역 지정의 특례 ······················································ 275
7. 사업시행자 지정의 특례 ··················································· 276
8. 정비계획과 사업시행계획의 통합 수립 ·································· 276
9. 공공재개발사업과 공공주도재개발사업(3080+)의 비교 ·············· 278

Ⅱ. 역세권 개발사업의 시행
1. 역세권 개발사업의 개요 ···················································· 280
2. 역세권 개발사업의 유형별 비교 ·········································· 282
3. 역세권 활성화사업 ·························································· 285
4. 역세권 복합개발(고밀주거) ················································ 293
5. 역세권 청년안심주택 ······················································· 296
6. 역세권 장기전세주택 ······················································· 300

제4장 사업시행계획인가 등
Ⅰ. 사업시행계획
1. 사업시행계획수립 ··························································· 306
2. 사업시행계획인가 ·························································· 313
3. 사업시행계획인가 효과 ···················································· 316

Ⅱ. 사업시행을 위한 조치
1. 토지 수용 ···································································· 325
2. 거주시설 등 제공 ··························································· 332
3. 손실보상 ····································································· 336
4. 그 밖에 조치 ································································· 347

제5장 분양 및 관리처분
Ⅰ. 분양
1. 분양공고 및 신청 ···························································· 356
2. 분양 미신청자에 대한 조치 ················································ 360

Ⅱ. 관리처분계획
1. 관리처분계획 수립 ·························································· 362
2. 관리처분계획 인가 ························································· 365
3. 관리처분계획에 따른 처분 ················································· 369

Ⅲ. 철거 및 착공
1. 건축물의 철거 ······························································· 372
2. 철거공사 착공 ······························································· 374

제6장 사업비용
Ⅰ. 사업비 부담
1. 정비사업비 ··································································· 376
2. 부과금 ········································································ 377
3. 정비기반시설 등 비용부담 ················································· 378

Ⅱ. 비용보조 및 융자
1. 국가 또는 지방자치단체의 보조 및 융자 ································ 386
2. 순환정비사업의 우선지원 ················································· 387
3. 임대주택 인수·공급 비용 지원 ············································ 388

제7장 사업 완료
Ⅰ. 준공인가
1. 준공인가 절차 ······························································· 390
2. 준공인가 효과 ······························································· 392

Ⅱ. 소유권 이전
1. 이전고시 ····································································· 394
2. 이전고시에 따른 등기 ······················································ 395

Ⅲ. 청산
1. 청산금 지급 및 산정 ························································ 400
2. 조합해산 ····································································· 402

제3부 재건축사업
제1장 재건축사업 개관
Ⅰ. 재건축사업의 개요
1 재건축사업의 개념 ··························································· 406
2. 재건축사업의 내용 ·························································· 409

제2장 사업준비
Ⅰ. 도시·주거환경정비기본계획 수립
1. 도시·주거환경정비기본계획 적용 기본방향 ···························· 412
2. 도시 및 주거환경정비기본계획의 개요 ··································· 412
3. 도시·주거환경정비기본계획의 의의 ······································ 413
4. 도시·주거환경정비기본계획 수립의 기본원칙 및 내용 ················ 415
5. 기본계획의 수립절차 ······················································· 416
6. 기본계획 수립에 따른 행위제한 ·········································· 419

Ⅱ. 안전진단
1. 안전진단 관련 기본방향 및 용어의 정의 ································· 419
2. 안전진단절차 및 대상 ······················································ 421
3. 안전진단의 실시 요건 ······················································ 423
4. 실시요청 ····································································· 426
5. 실시여부의 결정 ···························································· 427
6. 안전진단 시행 ······························································· 428
7. 실시완료 ····································································· 431
8. 안전진단 평가의 가중치 변화과정 ········································ 431

Ⅲ. 정비계획의 수립
1. 정비계획의 수립 및 입안 ·················································· 432
2. 정비계획의 절차 ···························································· 435

Ⅳ. 정비구역 내 행위제한 및 정비구역의 해제
1. 행위의 제한 ·································································· 438
2. 정비구역의 해제 ···························································· 439
3. 해제의 효력 등 ······························································ 440

제3장 공공재건축사업의 시행
1. 정비구역 지정을 위한 특례 ················································ 442
2. 공공재건축사업에서의 용적률 완화 및 주택 건설비율 등 ············· 442
3. 사업시행계획의 통합심의 ················································· 444
4. 정비구역 지정의 특례 ······················································ 445
5. 사업시행자 지정의 특례 ··················································· 446
6. 정비계획과 사업시행계획의 통합 수립 ·································· 447

제4장 사업시행
Ⅰ. 조합에 의한 사업시행
1. 조합설립추진위원회의 구성 및 운영 ····································· 450
2. 조합설립인가 ································································ 453
3. 창립총회 ····································································· 457
4. 토지등소유자의 동의 ······················································· 458
5. 조합의 구성 ·································································· 466
6. 조합원총회 및 대의원회 ··················································· 471
7. 시공자 선정 ·································································· 477

Ⅱ. 시장·군수에 의한 사업시행
1. 주민대표회의 ································································ 479
2. 시행자 지정 및 시공자 선정 ··············································· 480

Ⅲ. 사업시행계획인가
1. 사업시행계획의 수립 및 인가신청 ········································ 483
2. 사업시행계획의 인가 ······················································· 486
3. 매도청구 ····································································· 493
4. 감리자 지정 ·································································· 501
5. 국민주택규모 주택의 건설 및 정비기반시설 설치 ······················ 502

제5장 관리처분계획
Ⅰ. 분양신청
1. 분양 및 공고 ································································· 506

Ⅱ. 관리처분계획의 수립
1. 수립기준 ····································································· 508

Ⅲ. 관리처분계획의 인가
1. 인가절차 및 신청 ···························································· 511
2. 인가의 효력 ·································································· 514

제6장 사업완료
Ⅰ. 철거 및 착공
1. 건축물의 철거 및 착공 ····················································· 518

Ⅱ. 준공
1. 준공인가 ····································································· 522

Ⅲ. 이전고시 및 청산
1. 이전고시 ····································································· 526
2. 청산금 징수 및 지급 ························································ 553
3. 조합해산 ····································································· 562

제7장 비용의 부담 등
Ⅰ. 비용 및 부담금
1. 사업비용의 부담 ···························································· 564
2. 재건축부담금의 산정 ······················································· 569
3. 재건축부담금 등의 징수 ··················································· 572

Ⅱ. 기타
1. 회계감사 및 정보공개 ······················································ 579
2. 공공지원 ····································································· 592
3. 도시분쟁조정위원회의 조정 ··············································· 595
4. 분쟁 정비구역 전문가 파견제도 ·········································· 597

부 록
Ⅰ. 도시·주거환경 정비계획 수립 지침 ····································· 604
Ⅱ. 도시·주거환경정비기본계획 수립 지침 ······························· 621
Ⅲ. 정비사업 계약업무 처리기준 ·············································· 645
Ⅳ. 정비사업 조합설립추진위원회 운영규정 ····························· 659
Ⅴ. 주택 재건축 판정을 위한 안전진단 기준 ····························· 680

출판사 서평

수백 년 동안 산업화 과정을 통해 서서히 형성된 서양의 도시와 달리 우리나라에서는 도시가 비교적 짧은 기간에 형성되어왔다. 즉 1970대 이후 농업사회에서 산업사회로 급변하면서 농촌인구가 대거 도시로 몰려들어 도시인구가 급증하게 되자 대량의 주택을 공급하면서 빠르게 도시가 확장된 것이다. 이러한 변화에 맞추어 대량의 주택을 공급하고 저소득층의 주거환경을 개선하기 위한 법이 제정되었는데, 1976년 12월31일 제정된 ‘도시재개발법’과 ‘1989년 4월1일 제정된 ‘도시저소득주민의 주거환경개선을 위한 임시조치법’이 그것이다.
2000년대 이후에는 도시화 과정에서 공급된 주택들이 노후화됨에 따라 이들을 체계적·효율적으로 정비할 필요성이 제기되었다. 이에 따라 이들 두 개의 법을 폐지하고, 통합하여 2002년 12월30일 새로운 명칭의 법률이 제정되었다. 바로 도시 및 주거환경정비법(도시정비법)이다. 제정 당시에는 88개 조문이었지만, 102차례의 개정과정을 거치면서 지금은 142개의 조문으로 구성되어 있다. 매년 평균 5차례나 개정될 정도로 부동산 및 경제동향에 능동적으로 대처해 왔다는 것을 알 수 있다.
금년들어 정부가 재건축을 활성화하겠다는 취지의 1·10 대책을 발표하면서 도시정비법에 대한 관심이 크게 고조되고 있다. 그러나 잦은 법률개정에 따른 법령의 급가변성으로 인하여 정보의 일관성이 결여되면서 법률전문가 조차 본법을 이해하기 어렵다. 나아가 상호 관련된 법률이 많고, 이들이 서로 복합적으로 얽혀 있어 본법을 체계적으로 분석하는 것도 쉽지 않다. 이러한 특성 때문에 이 분야에 전문가가 거의 없는 편이다. 이러한 상황에서 시의 적절하게 김덕기 박사와 이규훈 도시계획기술사가 [최신 재건축·재개발의 이해]라는 저서를 출판하였다.
본서를 집필한 김덕기 박사와 이규훈 도시계획기술사는 일찍부터 도시정비법을 강의하면서 이 분야의 실무와 이론에 대한 해박한 지식을 축적해 온 재개발·재건축 분야의 전문가이다. 필자들은 도시정비사업의 개론서가 필요하다는데 공감하고 오랫동안 쌓아 온 경험을 바탕으로 본서를 집필하게 되었다.
위와 같이 많은 문제점을 안고 있는 법령임에도 불구하고 본서에서는 이러한 한계를 극복하고 광범한 영역을 포괄하고 있는 도시정비법을 알기 쉽게 체계적으로 잘 서술하고 있다. 이에 도시정비법에 관심이 있는 변호사, 공인중개사, 조합임원 등 여러 직종의 종사자들에게 좋은 지침서가 될 것으로 본다. 또한 도시정비법을 보다 깊게 이론적으로 연구하려는 학자에게도 기초지식을 이해하는데 도움이 될 것이다.
정부가 발표한 재건축 활성화를 위한 다양한 대책은 규제를 풀어주는 수준에 그치고 있고, 대부분 법을 개정해야 할 사안인 만큼 한계가 있을 수밖에 없다. 또 재건축 과정에서 나타난 이해관계인 사이의 분쟁도 재건축의 활성화를 막는 장애물이 되고 있다. 그러므로 이해관계인의 갈등을 방지하기 위하여 다툼의 소지가 되는 추상적 조문들을 보다 명확하게 개정할 필요가 있다.
이와 관련하여 금번 도시정비법의 중요성을 인식한 법률가들이 모여 학회를 창립한 것은 도시정비법의 발전을 위하여 매우 고무적인 소식이 아닐 수 없다. 아직 초기단계여서 시작은 미미하지만 향후 도시정비법이 안고 있는 법적 쟁점을 찾아 연구하고, 법률안 개정을 제시하는 등 도시정비법학회의 학술활동에 거는 기대가 크다.

작가정보

저자(글) 김덕기

• 연세대학교 이학사
• 건국대학교 부동산대학원 석사(건설개발전공)
• 성균관대학교 유학대학원 석사(유교경전전공)
• 성균관대학교 일반대학원 박사수료(동양철학)
• 건국대학교 부동산학박사
• 동국대학교 법학박사
• 전) 법무법인 하우 수석 전문위원
• 전) 건강보험심사평가원 고객만족경영혁신자문위원
• 전) 동국대학교 법과대학 겸임교수
• 현) 국토교통부장관 정책자문위원회 위원
• 현) 건국대학교 부동산대학원 겸임교수
• 현) 동국대학교 법무대학원 겸임교수
• 현) 법률사무소 두남 고문
• 현) 한국도시환경헤럴드 발행인
• 현) 한국도시환경연구원 이사장
• 현) 건국대학교 도시정비전문가과정 주임교수
• 현) 동국대학교 법무대학원 도시정비법무정책최고위과정 주임교수
논문 및 저서
• 중·소병원의 입지특성에 관한 연구
• 의료서비스시설 입지전략이 고객만족에 미치는 영향 : 입지시장성의 매개효과를 중심으로
• 중·소병의원 건물매력도와 교통인프라가 고객만족도에 미치는 영향 : 의료집적성의 매개효과를 중심으로
• 병원의 입지전략과 내부역량이 재이용의도에 미치는 영향 : 병원유형의 조절효과
• 요양병원의 혁신성이 고객만족에 미치는 영향 : 내부역량과 입지전략의매개효과
• AHP를 이용한 중 · 소병원 입지선택요인분석 : 척추·관절병원 중심으로
• 업무상 질병의 인과관계에 관한 일고찰
• 업무상 질병으로 인한 사용자의 민사책임
• 맹자의 민본사상이 조선조의 산림정책에 미친 영향
• 서울시 문화시설의 입지특성에 관한 연구
• 가로주택정비사업의 이해와 실무
• 소규모주택정비사업의 이해와 실무
• 지혜로운 재개발 재건축의 이해
• 농지의 취득과 전용
• 산지의 이해와 전용
• 사람을 살리는 땅 십승지 1
• 맹자의 민본사상과 조선시대의 산림정책
• 업무상 질병으로 인한 사용자의 민사책임
• 사용자와 노동자를 위한 업무상 질병Ⅰ 인정기준 해설 및 판례
• 사용자와 노동자를 위한 업무상 질병Ⅱ 인정사례 및 판례
• 직업성 암 인정기준 해설 및 인정사례·판례

저자(글) 이규훈

• 건국대학교 부동산학 학사
• 건국대학교 부동산대학원 석사(부동산경영관리전공)
• 전) 한국부동산원 실장
• 전) 숭실사이버대학교 부동산학과 외래교수
• 전) 국토교통부 조합운영실태점검 위원
• 전) 의왕시 도시계획위원회 위원
• 전) 광명시 경관심의위원회 위원
• 전) 성남시 기술위원회 위원
• 전) 포항시 도시분쟁조정위원회 위원
• 전) SH공사 설계자문위원회 위원
• 전) SH공사 디자인자문위원 위원
• 현) 서울특별시 등록 정비사업전문관리기술인력
• 현) 경기도 공사비 분쟁조정 전문가
• 현) 광주광역시 공사비 분쟁조정 전문가
• 현) 서울특별시, 강남구 소규모주택정비사업 강사
• 현) 서대문구, 중구, 성북구 정비사업 아카데미 강사
• 현) 서울씨엠씨(주) 본부장
• 현) 동서울대학교 도시계획부동산학과 겸임교수

자격 및 저서
• 도시계획기술사, 공인중개사, 주택관리사(보), (국가공인)보상관리사
• 「도시정비(재개발·재건축) 용어사전 (2023)」
• 「도시계획기술사 vol.6 (2020)」