Summary of "[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
Category
Business and Finance
