주택재개발사업 구역내 세입자의 주거이전비

초록

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study was to investigate the present situation of statutory provisions and judicial precedents related to the compensation of residential migration expenses for realization of residential tenants' rights within the housing redevelopment project district, identify its problem and present desirable policy suggestions for actualizing them. (2) RESEARCH METHOD The literature research and precedent analysis were carried out as legal and institutional approach in the research method. (3) RESEARCH FINDINGS The findings could be summarized as follows: First, the administrative authority(ward chief) should take the lead in informing residential tenants of residential migration expenses. Second, residential tenants should be prevented from confusion through the unification and reorganization of statutes related to residential migration expenses. Third, relevant statutory provisions and criteria should be reestablished for the basic date of payment for residential migration expenses. Fourth, the judicial precedent of the Supreme Court should change the basic date of payment for residential migration expenses into the notice date of authorization for project implementation. Fifth, the proper tenant compensation measure should be taken for the amount of compensation for 4-month residential migration expenses. 2. RESULTS In conclusion, statutes and judicial precedents, and the administrative authority(ward chief), the association(including its members) and tenants should have the community spirit, not the antagonism, for the compensation of residential migration expenses. The compensation of residential migration expenses is thought to be one of the total problem of the housing redevelopment renewal project to be resolved as one of the win-win strategy over the process of its progression.

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