재건축초과이익환수와 조합원의 이득

The Recapture of Extra-profits from Reconstruction and Gains of a Member of Association

&nbsp;&nbsp;1. CONTETS<BR>&nbsp;&nbsp;(1) RESEARCH OBJECTIVES<BR>&nbsp;&nbsp;The Korean Government ascertained the causes of skyrocketing prices of real estate due to speculative investment seeking profits from reconstruction in real estate. On March 30, 2006, the Korean Government legislated the law(hereinafter the"Law") which dealt with the Government&quot;s redemption rights of the unjust profits from reconstruction in order to suppress speculative investment in real estate.<BR>&nbsp;&nbsp;The Law computes and red0eems the differences in price of the real property bet ween before reconstruction and after reconstruction from the perspective that the Government treats the difference as unjust enrichment of a member of the reconstruction association.<BR>&nbsp;&nbsp;As research objectives of this article, I will analyze actual profits and the main generated causes of a member of reconstruction association.<BR>&nbsp;&nbsp;(2) RESEARCH METHOD<BR>&nbsp;&nbsp;The author analyzes actual profits and the main generation causes of a member of reconstruction association through literature, data, and so on.<BR>&nbsp;&nbsp;(3) RESEARCH RESULTS<BR>&nbsp;&nbsp;This article focused on both validity and unconstitutionality of the Law by analyzing both legal ground of an association member&quot;s share in expense derived from the Law and the standard of computing the share in expense from it.<BR>&nbsp;&nbsp;2. RESULTS<BR>&nbsp;&nbsp;The au thor, also, analyzes an association member&quot;s share in expense derived from the Law. On the balance, this article focused on both validity and unconstitutionality of the Law by analyzing both legal ground of an association member&quot;s share in expense derived from the Law and the standard of computing the share in expense from it. Moreover, as a substitute, the author suggests that the Government could pursue the stability of the real estate price and thoroughly cut off a member of the reconstruction association from the origin of actual unjust enrichment by obligating them to publish the actual cost of the reconstruction.