[재개발/재건축] 현금청산 Q&A - 최혜진 수석 변호사

Video Title

[재개발/재건축] 현금청산 Q&A - 최혜진 수석 변호사 provides an in-depth explanation of cash settlements in redevelopment/reconstruction projects, focusing on legal rights and procedures for cooperative members who opt for or become eligible for cash settlements instead of subscription rights.

Main Financial Strategies and Legal Procedures

• Becoming a cash settlement Person
  • If you do not apply for subscription or fail to enter into a subscription contract within the designated period, you lose cooperative member rights and become eligible for cash settlement.
  • Withdrawal of subscription application is only effective if done within the subscription period; after that, withdrawal requires cooperative approval.
  • Not signing a sales contract after applying can also lead to cash settlement status once the sales contract period ends.
  • Timing is crucial because the cooperative controls the signing schedule, and delays can affect eligibility.
• Timing and Process of cash settlement Negotiations
  • Negotiations must begin within 90 days after the management and disposal plan is announced.
  • Eligible persons include those who did not apply for subscription, those excluded by the management disposal plan, or those ineligible under law.
  • Typically, cash settlement procedures start after the management disposal plan is approved, though negotiations can begin earlier in urgent cases.
• Negotiation and Compensation Determination Process
  • The association proposes a compensation amount to cash settlement targets.
  • If accepted, negotiation ends; if rejected, the association applies for an acceptance decision by the local land acquisition committee.
  • The committee appraises and decides the compensation amount.
  • If dissatisfied, the target can file objections, leading to an objection decision.
  • Further dissatisfaction can lead to an administrative lawsuit to increase compensation, where a court-appointed appraiser determines the amount.
  • The overall process includes four stages: negotiation, acceptance decision, objection decision, and administrative lawsuit.
• Relocation and Building Delivery
  • Once the management and disposal plan is approved, landowners lose usage rights; the association gains the right to use and profit.
  • The association can file a building delivery lawsuit to enforce relocation after compensation is completed.
  • Compensation completion is marked by the expropriation decision date, after which owners must vacate.
  • Holding out after this date can result in forcible eviction through legal enforcement.
  • Coordination with the association on moving timing is advisable to avoid conflict.
• Additional Notes
  • Compensation for residential relocation expenses and other unique compensation aspects will be discussed in a subsequent video.

Methodology/Step-by-Step Guide to cash settlement

• Determine eligibility for cash settlement by checking subscription application status and contract signing.
• Wait for the management and disposal plan approval to trigger negotiation rights.
• Engage in negotiation with the association over compensation within 90 days.
• If negotiation fails, proceed to acceptance decision via the local land acquisition committee.
• If unsatisfied, file an objection and potentially an administrative lawsuit.
• Upon final compensation decision and expropriation date, prepare for relocation.
• Coordinate moving dates with the association to avoid forced eviction.

Presenter

• 최혜진 (Choi Hyejin), Senior Attorney at Centro Law Firm