주택재개발사업에 신탁방식의 적용가능성

초록

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is to investigate whether a trust-method is legally applicable to the housing redevelopment project, whether it has the functions to resolve the problems of housing redevelopment, and what expectation function can derive from it if it is applicable. (2) RESEARCH METHOD To provide the new classifications and solutions of housing redevelopment issues on the basis of the prior literature, we examine the trust-methods using the classification in terms of the legal and functional possibility. (3) RESEARCH FINDINGS We find the significant issues of housing redevelopment project derive from the way to operate the Union. ⅰ) Disability of the Union in terms of the supply of the project budget, ⅱ) Insufficient expertise of the Union (including a President and Executives in the Union), and ⅲ) lack of the function to monitor the Union. 2. RESULTS From a legal point of view, we find ⅰ) the surface right belongs to the asset of the trust, ⅱ) a trustee is able to solely enforce it, and ⅲ) it can be re-trusted to a trustee from the Union. In terms of the function, we also find ⅰ) a trustee or a landlord has the possibility to supply the project budget by him/herself, ⅱ) the irregularities by the Union can be reduced, ⅲ) the more transparent work procedure may derive, and ⅳ) the project budget can be reduced or the project profit may grow. Hence, we conclude that a trust-method is applicable to the housing redevelopment project.

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