재건축에 관한 의사결정

• 영문명: Decisionmaking on Reconstruction: An Analysis of the Court Decisions
• 발행기관: 한국민사법학회
• 저자명: 권영준(Kwon, Youngjoon)
• 간행물 정보: 『민사법학』제45-1호, 337~379쪽, 전체 43쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

In order to proceed with massive reconstruction project, the collective decision by relevant real estate owners should be made. Considering that the reconstruction leads to the taking of private property, the above collective decision should be fair enough to justify the taking. This article analyses principles and doctrines that have been evolved through court decisions, focusing on justification factors of the collective decision making. The first factor to be noted is the disclosure of relevant information to the owners regarding details of the reconstruction project. Korean court has strived to come up with more predictable standards to measure the adequacy of the resolution in terms of information disclosure. The second factor to be considered is the flexibility of the decision making process. Since the reconstruction project, which generally lasts at least several years, is subject to fluctuations and versatility, the decision making should be flexible to a certain extent. There have been various attempts by Korean courts to embrace this request. thus differentiating reconstruction resolution from other traditional forms of collective decision. Based on these efforts, Korea has developed significant body of rules with regard to reconstruction project. Though private law academia has been somewhat reluctant to look at this issue so far, more intensive and thorough approach from the private law perspective will deepen the clarity of the rules. This article is the part of that endeavor.

목차

Ⅰ. 서론

Ⅱ. 재건축제도와 재건축결의

Ⅲ. 재건축결의를 위한 정보제공

Ⅳ. 재건축결의의 특성

Ⅴ. 하자있는 재건축결의에 대한 권리구제방법

Ⅵ. 결론

참고문헌

키워드

재건축 재건축결의 의사결정 정보제공의무 수용 구분소유 집합건물 Reconstruction Collective decision on reconstruction Decision-making Duty to disclose in formation Takings Partitioned ownership Aggregate buildings