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제 장 서 론

제 1 절 연구의 배경 및 목적 ······························································································ 1
제 2 절 연구범위와 방법 ······································································································ 4

제 장 주택재개발사업에 관한 고찰

제 1 절 정비사업의 이해 ······································································································ 6
제 2 절 주택재개발사업의 이해 ······················································································· 11
1. 절차의 비교 ·············································································································· 12
2. 내용상의 차이점 ······································································································ 13
제 3 절 주택재개발사업의 변천과정과 추진절차 ························································· 15
1. 변천과정 ···················································································································· 15
2. 이해관계자 ················································································································ 18
3. 추진절차 ···················································································································· 19
(1) 계획단계 ················································································································ 20
(2) 시행준비단계 ········································································································ 21
(3) 사업시행단계 ········································································································ 22
(4) 완료단계 ················································································································ 26
4. 추진실태 ···················································································································· 30
(1) 지역별․유형별 도시계획현황 ·············································································· 30
(2) 전국 주택재개발사업 ·························································································· 33
(3) 부산광역시 주택재개발사업 ·············································································· 38
제 4 절 외국의 관련 법례 ································································································· 40
1. 영국 ···························································································································· 40
2. 일본 ···························································································································· 44
3. 미국 ···························································································································· 47
4. 독일 ···························································································································· 48
5. 시사점 ························································································································ 50

- I -
제 장 주택재개발사업의 문제점

제 1 절 이해관계자의 갈등요인과 유형 ········································································· 52

제 2 절 추진단계별 문제점 ······························································································· 55
1. 계획단계 ···················································································································· 55
2. 시행준비단계 ············································································································ 56
3. 사업시행단계 ············································································································ 59
4. 완료단계 ···················································································································· 60
5. 소결 ···························································································································· 64
제 3 절 분쟁 유형별 판례 ································································································· 66
1. 정비계획 수립과 정비구역 지정 ·········································································· 68
2. 조합설립추진위원회 ································································································ 69
3. 조합설립인가 ············································································································ 71
4. 조합 ···························································································································· 72
5. 시공자 선정 ·············································································································· 75
6. 사업시행인가 ············································································································ 77
7. 감정평가 ···················································································································· 78
8. 관리처분계획인가 ···································································································· 79
9. 기타 ···························································································································· 81
10. 소결 ·························································································································· 86

제 장 주택재개발사업의 추진 활성화 방안

제 1 절 공공 시스템의 검증 및 확대 ············································································· 92
1. 클린업시스템과 도시정비사업 통합홈페이지 ···················································· 92
2. 조합예산회계프로그램 ···························································································· 93
3. 공공지원제도 ············································································································ 93
4. 추정분담금시스템 ···································································································· 96
5. 소통연락관파견제도 ································································································ 97
제 2 절 기존에 논의 중인 방안 ······················································································· 98
1. 정비구역 지정요건의 다각화와 지역 커뮤니티 개발 ······································ 98
2. 지역주민대상 교육 의무화 ·················································································· 100
3. 조합원의 자격상실기준 명문화와 현금청산 관련 제도의 개선 ·················· 101
4. 분쟁조정위원회의 중립성 확보와 행정절차 간소화․전문화 ························· 102

- II -
 제 3 절 진행단계에 따른 개선방안 제시 ································································· 103
1. 계획단계에서의 개선책 ···················································································· 103
(1) 엄격한 계획허가제 도입 ·············································································· 103
(2) 정기모임 제도화 ···························································································· 104
(3) 지역개발기구 설치 ························································································ 105
2. 시행준비단계에서의 개선책 ············································································ 106
(1) 토지등소유자의 (전체)의견서 제출 법제화 ············································· 107
(2) 조합임원의 전문성 확보 ·············································································· 107
(3) 협력업체 선정시 견적서 공시 제도화 ······················································ 108
3. 사업시행단계에서의 개선책 ············································································ 108
(1) 조합설립인가 전에도 감정평가 추가 실시 ·············································· 109
(2) 사업의 중간평가 제도화 ·············································································· 110
(3) 모범협력업체에 대한 인센티브 적용과 사회적 책임감 고취 ·············· 111

제 장 결론

참고문헌 ······························································································································· 116

Abstract ······························································································································· 122

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<표 2-1> 주거환경개선․주거환경관리 정비사업 유형별 내용 비교-㉮ ·
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<표 2-2> 가로주택․도시환경 정비사업 유형별 내용 비교-㉯ ·
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<표 2-3> 주택 재개발․재건축 정비사업 유형별 내용 비교-㉰ ·
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<표 2-4> 정비사업 추진단계별 이해관계를 가지는 자 ·
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<표 2-5> 관리처분계획 정산의 흐름 ·
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<표 2-6> 주택재개발사업 추진절차 요약 ·
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<표 2-7> 2014년 도시계획현황-유형별 정비사업㉱ ·
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<표 2-8> 2014년 도시계획현황-시행주체별․시행단계별 정비사업㉱ ·
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<표 2-9> 주택재개발사업의 추진현황-미시행㉲ ·
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<표 2-10> 주택재개발사업의 시도별․연도별 추진현황-미시행㉲ ·
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<표 2-11> 주택재개발사업의 추진현황-시행중㉳ ·
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<표 2-12> 주택재개발사업의 시도별․연도별 추진현황-시행중㉳ ·
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<표 2-13> 주택재개발사업의 추진현황-완료㉴ ·
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<표 2-14> 주택재개발사업의 시도별․연도별 추진현황-완료㉴ ·
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<표 2-15> 주택재개발사업의 추진현황-合計㉵ ·
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<표 2-16> 주택재개발사업의 시도별․연도별 추진현황-合計㉵ ·
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<표 2-17> 부산광역시 주택재개발사업 현황 ·
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<표 2-18> 부산광역시 정비예정구역 지정 현황 ·
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<표 3-1> 갈등의 요인 정리 ·
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<표 3-2> 갈등의 시기별 전개과정 ·
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<표 3-3> 주택재개발사업의 갈등유형 ·
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<표 3-4> 주택재개발사업의 단계별 승인추이 ·
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<표 3-5> 도시정비사업 단계별 민원발생 유형별 접수현황 ·
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<표 3-7> 종전 판례와 현행 판례의 경향 ·
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<표 3-8> 도시 및 주거환경정비법의 주요개정 내용(2003-2015) ·
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<표 3-9> 도시정비사업 단계별 소송쟁점유형 및 법 개정과의 연계성 ·
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<그림 2-3> 권리변환방식과 관리처분방식 비교 ·
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<그림 3-1> 조합비리 발생구조 ·
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<그림 4-1> 추정분담금 시스템 도입 ·
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<표 2-2> 가로주택․도시환경 정비사업 유형별 내용 비교-㉯

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 사업완료 (구역수 대비 35.63%, 시행면적 대비 23.4%)
구분
구역수(개소) 시행면적(㎡) 철거대상(동) 건립가구(호)
2014년 429 18,136,125 154,633 346,091
2013년 414 17,621,012 150,606 335,238
2012년 406 17,282,864 147,305 329,791
2011년 392 16,387,297 142,508 315,917
2010년 406 17,197,056 153,274 298,402
2009년 350 14,746,882 132,190 287,448
2008년 379 16,178,368 140,483 292,288
2007년 364 15,435,067 128,422 277,250
2006년 354 15,384,989 126,778 271,395
2005년 325 14,001,227 115,215 246,857
2004년 304 12,503,142 102,467 217,315
2003년 282 11,357,363 92,731 193,051
2002년 277 11,287,907 91,382 191,639

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조합원이 신청한 조합원별 총수입-총사업비
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=> 개략적인 개인별 추정분담금

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