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목차 (Contents) 

제1편 정비사업의 개관 ········································· 1


제1장 정비사업의 개요 ········································· 3

Ⅰ. 목적 및 의의  ··········································· 3

Ⅱ. 정비사업의 구분 ·········································· 4

Ⅲ. 정비사업과 재정비촉진사업의 비교  ································· 7

Ⅳ. 정비사업과 도시재생사업의 관계  ·································· 9


제2장 정비사업의 연혁  ········································ 11

Ⅰ. 주거환경개선사업 ········································· 11

Ⅱ. 주택재개발사업 ·········································· 12

Ⅲ. 주택재건축사업 ·········································· 14

Ⅳ. 도시환경정비사업 ········································· 18


제3장 정비사업의 체제  ········································ 19

Ⅰ. 정비사업의 시행자  ········································ 19

Ⅱ. 정비사업의 개략적 절차 ······································ 22

 

제2편 정비사업의 계획  ········································ 27


제1장 도시ㆍ주거환경 정비기본계획  ·································· 29

Ⅰ. 개요 ··············································· 29

Ⅱ. 목적 및 의의 ··········································· 30

Ⅲ. 도시ㆍ주거환경정비기본계획의 수립기본원칙과 절차 ························· 32

Ⅳ. 도시ㆍ주거환경정비기본계획의 내용  ································ 33

Ⅴ. 도시ㆍ주거환경정비기본계획의 행위재한  ······························ 34


제2장 주택재건축사업의 안전진단  ··································· 39

Ⅰ. 개요 ··············································· 39

Ⅱ. 안전진단의 세부절차  ······································· 40


제3장 정비계획 수립 및 정비구역 지정 ································· 46

Ⅰ. 개요 ··············································· 46

Ⅱ. 정비계획 수립 및 정비구역 지정 절차  ······························· 48

Ⅲ. 정비계획의 내용  ········································· 50

Ⅳ. 정비계획 수립대상구역  ······································ 51

Ⅴ. 정비구역 안의 행위 제한  ····································· 55

 

제3편 정비사업의 시행  ········································ 63


제1장 사업의 시행방법 및 시행자  ··································· 65

I. 사업의 시행방법 ·········································· 65

Ⅱ. 사업시행자 ············································ 67

Ⅲ. 정비사업의 대행  ········································· 69


제2장 조합설립추진위원회 ······································· 71

I. 제도의 도입배경 및 성격 ······································ 71
1. 도입배경  ············································· 71
2. 성격  ··············································· 72

Ⅱ. 추진위원회의 구성  ········································ 72
1. 구성 시기 ············································· 72
2. 구성 승인 및 신청서류 ······································· 74

Ⅲ. 추진위원회의 임무  ········································ 75
1. 추진위원회의 업무 개관  ······································ 75
2. 정비사업전문관리업자의 선정 및 계약 ································ 76
3. 조합설립을 위한 창립총회 개최 ··································· 77

Ⅳ. 추진위원회의 운영  ········································ 78
1. 운영규정 고시 ··········································· 78
2. 운영의 원칙 ············································ 78
3. 운영기간  ············································· 78
4. 운영경비 납부 ··········································· 79

Ⅴ. 추진위원회의 해산 및 업무인계  ·································· 79
1. 추진위원회의 해산 ········································· 79
2. 조합설립 후 업무의 인계 ······································ 79


제3장 주민대표회의  ········································· 100

I. 주민대표회의 구성  ········································ 100
1. 대상 정비사업 및 구성시기  ···································· 100
2. 구성승인 및 신청서류 ······································· 100

Ⅱ. 주민대표회의의 업무 ······································· 101

Ⅲ. 주민대표회의의 운영 ······································· 101


제4장 정비사업의 동의 ········································ 103

Ⅰ. 정비사업의 동의 기준  ······································ 103
1. 사업추진 단계별 동의 기준 개관 ·································· 103
2. 추진위원회 또는 주민대표회의 구성을 위한 동의 기준 ························ 104
3. 조합설립을 위한 동의 기준 및 동의 내용 ······························ 104
4. 사업시행자 지정을 위한 동의 기준 및 동의 내용  ·························· 105
5. 사업시행인가 및 관리처분계획인가를 위한 동의 기준  ························ 105

Ⅱ. 정비사업의 동의자 수 산정방법 ·································· 105
1. 주거환경개선사업, 재개발사업 또는 도시환경정비사업의 경우  ···················· 105
2. 재건축사업의 경우  ········································ 106

Ⅲ. 동의 방법 ············································ 106

Ⅳ. 동의 간주 및 철회, 동의서 서식  ································· 107
1. 동의 간주 및 철회  ········································ 107
2. 동의서 서식  ··········································· 107


제5장 조합의 설립 등  ········································ 115

Ⅰ. 정비사업조합의개요  ······································· 115
1. 조합의 성격  ··········································· 115
2. 조합의 성립 및 권리?의무 ····································· 115
3. 조합설립인가 절차  ········································ 116

Ⅱ. 정비사업 조합원 ········································· 118
1. 조합원의 자격  ·········································· 118
2. 조합원의 변동  ·········································· 119

Ⅲ. 조합원의 임원 등  ········································ 121
1. 조합의 임원  ··········································· 121
2. 임원의 결격사유  ········································· 122
3. 임원의 해임  ··········································· 122
4. 조합임원 등의 공무원 의제  ···································· 122

Ⅳ. 조합정관  ············································ 123
1. 조합정관의 의의  ········································· 123
2. 정관의 기재사항 등 ········································ 123

Ⅴ. 조합의 기관 ··········································· 126
1. 조합원 총회  ··········································· 126
2. 대의원회   ············································ 128


제6장 시공자 선정 및 시공보증 ···································· 151

Ⅰ. 시공자 선정   ·········································· 151
1. 시공자 선정 시기   ········································ 151
2. 시공자 선정절차  ········································· 152
3. 시공자 선정 방법 ········································· 152

Ⅱ. 시공보증  ············································ 153


제7장 사업시행인가  ········································· 161

Ⅰ. 사업시행인가 일반사항   ····································· 161
1. 사업시행인가의 의의 및 성격  ··································· 161
2. 사업시행인가 절차  ········································ 161
3. 사업시행인가의 경미한 변경   ··································· 165

Ⅱ. 사업시행인가의 특례   ······································ 165
1. 존치 또는 리모델링 특례  ····································· 165
2. 재건축사업의 범위에 관한 특례  ·································· 167
3. 주거환경개선사업에 대한 특례   ·································· 168
4. 도시개발법에 의한 환지규정의 적용  ································ 169
5. 지상권 등 계약의 해지  ······································ 169
6. 소유자 확인이 곤란한 건축물 등에 대한 처분   ··························· 170

Ⅲ. 사업시행인가의 효과 ······································· 171
1. 사업시행자로의 지위 변경 ····································· 171
2. 사업시행계획의 확정  ······································· 171
3. 다른 법률의 인?허가 등의 의제  ·································· 171
4. 토지보상법에 따른 사업인정 및 고시 의제  ····························· 172
5. 분양신청지간 통지?공고의무 발생  ································· 173
6. 국공유재산의 용도폐지 및 평가시점 기준  ····························· 173


제8장 토지 등의 수용 또는 사용, 매도청구  ······························ 180

Ⅰ. 토지 등의 수용 또는 사용  ···································· 180
1. 의의 및 제도 도입배경  ······································ 180
2. 토지보상법의 준용 및 특례  ···································· 180

Ⅱ. 매 도 청 구 ··········································· 182
1. 매도청구의 의의 및 성격  ····································· 182
2. 매도청구의 요건  ········································· 183


제9장 관리처분계획  ········································· 190

Ⅰ. 관리처분계획의 의의 및 성격 ··································· 190
1. 의의 ··············································· 190
2. 법적성격 ············································· 190

Ⅱ. 관리처분계획의 수립절차 ····································· 192
1. 관리처분의 절차 개관 ······································· 192
2. 분양신청의 통지 및 공고  ····································· 193
3. 종전 및 종후 자산평가  ······································ 195
4. 관리처분계획의 수립  ······································· 196
5. 공람 및 의견청취   ········································ 197
6. 관리처분계획의 인가 신청   ···································· 197
7. 관리처분계획 인가 및 고시 등 ··································· 198
8. 관리처분계획 인가의 효력 ····································· 199

Ⅲ. 관리처분계획의 기준 ······································· 200
1. 일반적 기준  ··········································· 200
2. 세부기준 ············································· 201


제10장 정비사업의 세입자 대책 등  ·································· 204

Ⅰ. 세입자 권리 보호제도 일반 ···································· 204

Ⅱ. 주거세입자 대책 ········································· 205
1. 이주대책 및 손실보상에 관한 일반사항 ······························· 205
2. 순환정비방식에 의한 세입자 대책  ································· 205
3. 임시수용시설의 설치 등에 의한 세입자 대책  ···························· 206
4. 세입자 손실보상  ········································· 206

Ⅲ. 상가세입자 대책 ········································· 207
1. 상가세입자 대책  ········································· 207
2. 상가세입자 손실보상  ······································· 207

Ⅳ. 기타 세입자 대책  ········································ 207
1. 시장?군수 등이 시행하는 정비구역의 세입자 대책 ·························· 207
2. 손실보상에 따른 용적률 완화  ··································· 207
3. 세입자 보상비 융자 또는 융자 알선  ································ 208


제11장 철거 및 착공 ········································· 210

Ⅰ. 철거  ·············································· 210
1. 건축물의 철거가능 시기 ······································ 210
2. 물건조서 등의 작성 ········································ 210
3. 철거 및 멸실 신고(허가)  ····································· 211

Ⅱ. 착공  ·············································· 212
1. 경계복원 측량  ·········································· 212
2. 건축법상의 착공  ········································· 212
3. 주택법상의 착공  ········································· 212


제12장 주택의 건설 및 공급 등 ···································· 215

Ⅰ. 주택의 규모별 건설비율 ···· ································· 215
1. 관련근거 ············································· 215
2. 사업유형별 주택의 규모 및 건설비율 ································ 215

Ⅱ. 관리처분계획에 따른 주택공급 ··· ······························· 216
1. 정비구역 안에서 건설된 주택의 공급방법에 관한 특레 ························ 217
2. 분양주택의 공급 ················· ························ 217
3. 임대주택의 공급 ················· ························ 218

Ⅲ. 잔여주택의 일반분양 ······································· 220
1. 일반분양의 기준 ················ ························· 220
2. 재건축 주택의 일반분양 특례 ··········· ························ 220

Ⅳ. 부대?복리시설의 분양 ············· ························· 220


제13장 준 공 인 가 ················· ························ 227

Ⅰ. 준공인가의 의의 및 의무 ····································· 227
1. 준공인가의 의미 ·················· ······················· 227
2. 준공인가의 의무 ··················· ······················ 227

Ⅱ. 준공인가의 절차와 서류 ············· ························ 227

Ⅲ. 준공인가 전 사용허가  ······································ 228

Ⅳ. 준공인가 및 공사완료 고시 ···································· 229

Ⅴ. 준공인가증의 교부 및 통보 ···································· 229
1. 준공인가증의 교부  ········································ 229
2. 분양대상자에의 통보  ······································· 230

Ⅵ. 공사완료에 따른 관련 인?허가 등의 의제  ····························· 230


제14장 준공인가 후 조치 등  ····································· 231

Ⅰ. 이전고시 및 등기  ········································ 231
1. 이전고시 등  ··········································· 231
2. 등기절차 ············································· 233

Ⅱ. 청산  ·············································· 234
1. 청산금의 의의  ·········································· 234
2. 청산금의 산정  ·········································· 234
3. 청산금의 징수 및 지급  ······································ 235
4. 저당권 설정자의 청산금 지급  ··································· 236

Ⅲ. 조합해산  ············································ 236
1. 조합해산의 의의  ········································· 236
2. 적용법규 ············································· 236
3. 해산시기 및 결의방법 등  ····································· 237


제15장 비용의 부담 등 ········································ 238

Ⅰ. 기반시설 비용의 부담  ······································ 238
1. 정비사업비의 부담  ········································ 238
2. 비용의 조달  ··········································· 239

Ⅱ. 정비기반시설의 설치 및 비용 부담  ································ 239
1. 정비기반시설 관리자의 비용 부담  ································· 239
2. 공동구 설치의무자의 비용 부담  ·································· 239

Ⅲ. 사업비용 등의 보조 또는 융자  ·································· 241
1. 국가 또는 시?도지사의 보조?융자  ································· 242
2. 시장?군수의 보조 ········································· 242
3. 국가 또는 지자체의 보조?융자 ··································· 242
4. 순환정비사업의 우선지원  ····································· 243
5. 재개발임대주택 인수비용 지원 ··································· 243
6. 토지임대부 분양주택의 공급비용 지원  ······························· 243

Ⅵ. 정비기반시설의 설치 ······································· 243
1. 사업시행자의 설치의무  ······································ 243
2. 정비기반시설 설치를 위한 정비구역의 지정 ····························· 244
3. 우선매수청구권 ·········································· 244

Ⅴ. 정비기반시설 및 토지 등의 귀속  ································· 245
1. 무상귀속 및 양도 ········································· 245
2. 귀속 협의 및 통지  ········································ 246
3. 귀속시기 ············································· 247
4. 등기절차 ············································· 247

Ⅵ. 국공유재산의 처분 등  ······································ 247
1. 국공유지의 처분  ········································· 247
2. 국공유 재산의 임대   ······································· 249


제16장 정비사업전문관리업 ······································ 250

Ⅰ. 정비사업전문관리업의 개요 ···································· 250
1. 정비사업전문관리업자 ······································· 250
2. 도입배경 ············································· 250
3. 정비사업전문관리업자의 선정  ··································· 250
4. 위탁업무 범위 조정 ········································ 251

Ⅱ. 정비사업전문관리업의 등록 ···································· 252
1. 등록 ··············································· 252
2. 등록기준 ············································· 252
3. 등록절차 ············································· 253
4. 등록결격사유 ··········································· 254

Ⅲ. 정비사업전문관리업자의 업무제한 등  ······························· 255
1. 정비사업전문관리업자의 업무제한  ································· 255
2. 정비사업전문관리업자와 위탁자와의 관계 ······························ 256
3. 정비사업전문관리업자에 대한 조사 ································· 256
4. 교육 등  ············································· 256

Ⅳ. 정비사업전문관리업자의 등록취소 등  ······························· 256
1. 등록취소 및 업무정지 ······································· 256
2. 등록취소 및 업무정지 처분기준(영 제66조, 별표5)  ························· 257
3. 등록취소처분 등의 통지 ······································ 258


제17장 감독 등  ··········································· 261

Ⅰ. 자료의 제출 등  ········································· 261
1. 정비사업추진실적 보고  ······································ 261
2. 보고 또는 자료제출 등  ······································ 261

Ⅱ. 감독  ·············································· 262
1. 위반행위에 대한 조치 ······································· 262
2. 정비사업 점검반 운영 ······································· 262

Ⅲ. 회계감사  ············································ 263
1. 감사의 시기, 대상 및 비용부담  ·································· 263
2. 회계감사인 ············································ 264
3. 회계감사 결과보고  ········································ 265

Ⅵ. 도시분쟁조정위원회  ······································· 265
1. 설치 및 구성 ··········································· 265
2. 기능 ··············································· 266
3. 조정 등  ············································· 266

Ⅴ. 관련자료의 공개와 보존 등 ···································· 266
1. 자료의 공개 및 공람  ······································· 266
2. 자료의 보관 및 인계  ······································· 267
3. 자료의 공개, 열람, 보관의무 위반 시 벌칙 ····························· 267

Ⅵ. 공공관리  ············································ 268
1. 공공관리제도의 의의  ······································· 268
2. 정비사업의 공공관리  ······································· 268
3. 공공관리자 및 위탁받은 자 업무 ·································· 268
4. 공공관리 비용  ·········································· 268
5. 공공관리의 시행  ········································· 268

 

제4편 정비사업의 유형별 시행  ···································· 269


제1장 주거환경개선사업 시행 ····································· 271

Ⅰ. 주거환경개선사업의 개요 ····································· 271
1. 주거환경개선사업의 개념  ····································· 271
2. 주거환경개선사업 시행자  ····································· 271

Ⅱ. 주거환경개선사업의 사업시행 절차  ································ 272
1. 현지개량 방식의 사업시행 절차  ·································· 272
2. 공동주택건설방식의 사업시행 절차 ································· 273

Ⅲ. 현지개량방식의 사업시행 ····································· 274
1. 개요 ··············································· 274
2. 사업시행주체별 사업 내용 ····································· 274
3. 지원사항 ············································· 274

Ⅵ. 공동주택건설방식의 사업시행 ··································· 275
1. 개요 ··············································· 275
2. 사업의 특성  ··········································· 276
3. 지원제도 ············································· 276

Ⅴ. 혼합방식의 사업시행 ······································· 283
1. 개요 ··············································· 283
2. 단순혼합 방식  ·········································· 283
3. 거점확산 방식  ·········································· 283


제2장 재개발사업의 절차 ······································· 284

Ⅰ. 주택재개발사업의 개요 ······································ 284
1. 재개발사업 정의  ········································· 284
2. 시행자의 종류 및 시행방법  ···································· 284

Ⅱ. 주택재개발사업의 추진 절차  ··································· 285

Ⅲ. 주택재개발사업의 단계별 주요 업무 ································ 286
1. 계획단계 업무  ·········································· 286
2. 시행단계 업무  ·········································· 287
3. 완료단계 업무  ·········································· 291


제3장 주택재건축사업의 절차 ····································· 294

Ⅰ. 주택재건축사업의 개요 ······································ 294
1. 재건축사업 정의  ········································· 294
2. 시행자의 종류 및 시행방법  ···································· 294

Ⅱ. 주택재건축사업의 추진 절차  ··································· 295

Ⅲ. 주택재건축사업의 단계별 주요 업무 ································ 296
1. 계획단계 업무  ·········································· 296
2. 시행단계 업무  ·········································· 297
3. 완료단계 업무  ·········································· 300


제4장 도시환경 정비사업의 시행  ··································· 304

Ⅰ. 개요  ·············································· 304
1. 도시환경정비사업의 정의  ····································· 304
2. 사업방법 ············································· 304
3. 사업시행자 ············································ 304
4. 특징 ··············································· 305

Ⅱ. 사업시행 절차 ·········································· 305


제5장 재정비촉진사업  ········································ 306

Ⅰ. 특별법 제정의 배경 및 목적  ··································· 306
1. 제정배경 ············································· 306
2. 목적 ··············································· 306

Ⅱ. 재정비촉진사업 관계 법령  ···································· 307
1. 도촉법의 구성 체계 ········································ 307
2. 재정비촉진사업 관계  ······································· 308
3. 재정비촉진사업의 유형 및 근거법률  ································ 308

Ⅲ. 재정비촉진지구의 지정 ······································ 310
1. 재정비촉진사업 절차  ······································· 310
2. 재정비촉진사업지구의 입안 및 지정  ································ 311
3. 경미한 변경  ··········································· 312
4. 지구지정 효력 상실 ········································ 312
5. 행위제한 ············································· 312

Ⅳ. 재정비촉진계획의 수립 및 결정 ·································· 313
1. 재정비촉진계획 수립  ······································· 313
2. 기반시설의 설치계획 및 설치비용의 분담 등  ···························· 315
3. 재정비촉진계획의 수립 기준 ···································· 316
4. 사업추진 간소화 : 재정비 촉진계획 결정?고시한 때 ························· 316

Ⅴ. 재정비촉진사업 시행 ······································· 317
1. 개요 ··············································· 317
2. 총괄사업관리자 ·········································· 317
3. 재정비촉진사업의 시행자  ····································· 319
4. 공공사업시행 지구의 시공자 선정  ································· 319
5. 민간투자사업 ··········································· 320
6. 사업협의회의 구성  ········································ 320

Ⅵ. 재정비 촉진사업에 대한 특례 ··································· 320
1. 개요 ··············································· 320
2. 건축규제의 완화 등에 대한 특례 ·································· 321
3. 우선사업구역에 관한 특례 ····································· 321
4. 주택의 규모별 특례 등  ······································ 322

Ⅶ. 개발이익의 환수 등  ······································· 323
1. 기반시설의 설치  ········································· 323
2. 세입자등을 위한 임대주택 건설 등 ································· 323
3. 영세상인 및 상가 세입자 대책 ··································· 326


 



관련기사 (2010.4.13)

 

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  1. mr jung 2015.04.10 15:27

    thank you!

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