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

Notable Quotes

— 06:06 — « Many people say, “I didn’t receive the money from the beginning, so why do I have to leave? It feels like I’m being kicked out.” You can’t help but feel that way because the association won’t give you any money, but the relocation procedure will proceed. »

— 06:28 — « However, the law stipulates that once the management and disposal plan is approved, the land owner can no longer use it. There is no right to profit, and the business operator has the right to use and profit. »

— 07:00 — « The association can file a building delivery lawsuit when compensation is completed, and the completion of compensation is based on the date of the expropriation decision. »

— 07:54 — « If you do, you will have the right to enforce. Then, even if I don't go out, you can enforce it. So, at this time, even if I hold out, you have the powerful authority to forcibly evict me. »

— 08:18 — « Rather than that, it is better to coordinate with the union and the timing of the move. One thing to remember once again is that you must move when the acceptance decision is made. »

Category

Business and Finance

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