재개발·재건축 이론과 투자 중개실무

프롤로그 …… 4

PART 01 재개발·재건축 이론

CHAPTER 01 법적 근거 ································································ 14
1. 도시 및 주거환경정비법 ············································· 14
2. 도정법의 연혁 ·························································· 17
3. 빈집 및 소규모주택정비사업 ······································· 18

CHAPTER 02 개념 정리 ································································ 21
1. 노후·불량건축물 ······················································· 21
2. 토지등소유자 ·························································· 22
3. 조합원 ··································································· 23
4. 재개발·재건축의 차이점 ············································ 26
5. 도급제와 지분제의 차이점 ·········································· 28
6. 재건축 매도청구 ······················································ 29
7. 비례율 ·································································· 31
8. 권리가액 ······························································· 32
9. 분담금 ·································································· 33
10. 재건축 안전진단 ···················································· 42
11. 재건축 무상지분 ···················································· 46
12. 재건축초과이익환수제 ············································· 48
13. 재건축사업의 신탁등기 ············································ 56
14. 조합원입주권과 분양권 ············································ 57
15. 기타 용어의 정의 ··················································· 59

CHAPTER 03 사업진행절차 ·························································· 60
1. 정비계획의 수립 및 정비구역의 지정 ··························· 62
2. 정비사업의 시행방법 ················································ 67
3. 조합설립추진위원회 ················································· 72
4. 조합의 설립 ···························································· 78
5. 시공사 선정 ···························································· 87
6. 총회 등 의결기구 ··················································· 91
7. 사업시행계획 인가 ················································· 98
8. 분양공고 및 분양신청 ············································ 107
9. 관리처분계획 인가 ················································· 114
10. 조합원 동·호수 추첨 및 일반분양 ··························· 121
11. 사업의 완료절차 ·················································· 123

CHAPTER 04 주택공급방법 ························································ 131
1. 주택공급 ····························································· 131
2. 권리산정 기준일 ···················································· 135
3. 분양대상 ····························································· 136

CHAPTER 05 이주비 등 이주대책 ··············································· 161
1. 이주비 ································································ 161
2. 이사비 ································································ 163
3. 주거이전비 ··························································· 165
4. 영업손실보상 ························································ 170

CHAPTER 06 정비구역의 해제 ···················································· 175
1. 정비구역 해제 ······················································· 175
2. 정비구역 해제의 연장 ············································· 178
3. 정비구역 등의 직권해제 ··········································· 179
4. 정비구역 해제의 효력 ············································· 181

CHAPTER 07 공공재개발사업 및 공공재건축사업 ························· 183
1. 공공재개발사업 예정구역의 지정·고시 ························ 183
2. 공공재개발사업을 위한 정비구역 지정 등 ···················· 184
3. 공공재개발사업 정비(예정)구역 해제 ·························· 185
4. 정비구역 지정을 위한 특례 ······································· 185
5. 공공재개발사업에서의 용적률 완화 및 주택건설비율 ······· 186
6. 공공재건축사업에서의 용적률 완화 및 주택건설비율 ······· 186
7. 사업시행계획 통합심의 ··········································· 188

CHAPTER 08 자료의 복사·열람 등 ·············································· 189
1. 자료의 복사·열람 ··················································· 189
2. 벌칙적용에 있어서 공무원 의제 ································· 192
3. 도시·주거환경정비기금의 설치 ·································· 195
4. 정비사업전문관리업 ··············································· 196

CHAPTER 09 역대 정부의 부동산 정책 ······································· 198

PART 02 재개발 · 재건축 투자 실무

CHAPTER 01 투자 실무 핵심포인트 ············································ 210
1. 3.3m²당 1,000만 원인 33m² 물건 vs
3.3m²당 800만 원인 66m² 물건 ······························· 210
2. 프리미엄 1억 원을 주고 매수해도 될까? ······················ 211
3. 프리미엄이 1억 원일 때, 신축 아파트의 매입가는 얼마일까? ····· 213
4. 허가된 주택을 거래했는데 분양자격이 왜 안 될까? ········· 215
5. 국·공유지 점유자는 불하받는 것이 좋은가? ·················· 216
6. 조합원입주권 소유자는 그 구역의 일반분양 시 청약할 수 있는가? ····· 219

CHAPTER 02 프리미엄의 이해 ···················································· 221
1. 프리미엄 ····························································· 221
2. 수익률 ································································ 224

CHAPTER 03 감정평가 ······························································· 228
1. 감정평가 방법 ······················································· 228
2. 감정평가 이의신청 ················································· 238
3. 감정평가를 잘 받을 수 있는 물건 ······························· 241

CHAPTER 04 규제지역의 유의점 ················································ 243
1. 조정대상지역의 유의점 ··········································· 243
2. 투기과열지구의 유의점 ··········································· 246

CHAPTER 05 관련 세금 ······························································ 252
1. 취득세 ································································ 253
2. 양도소득세 ··························································· 259
3. 입주권 양도소득세 ················································· 270

CHAPTER 06 계약서 특약 및 작성방법 ······································· 274
1. 특약 ··································································· 274
2. 부동산 유형별 계약서 작성 ······································· 278

CHAPTER 07 투자와 관리 ·························································· 301
1. 진행단계별 투자 시 주의점 ······································· 301
2. 공·경매로 낙찰 시 주의점 ········································· 304
3. 투자 후 관리방법 ··················································· 305

부록 I 1. 정비계획의 입안대상지역 ········································· 308
2. 재개발정비사업조합 표준정관 ··································· 310
3. 정비사업 조합설립추진위원회 운영규정 ······················· 339
4. 정비사업 계약업무 처리기준 ····································· 341
5. 정비사업의 임대주택 및 주택규모별 건설비율 ··············· 351
6. 주택 재건축 판정을 위한 안전진단 기준 ······················· 354
7. 소형주택의 활용기준 산정방법 ·································· 373

부록 II 1. 정비사업 투자를 위한 유용한 사이트 ··························· 374
2. 특약모음 ····························································· 375
3. 정비구역 설명·고지 확인서 ······································· 380
4. 계약서 양식 및 자금조달계획서 ································· 384
5. 실거래가 위반에 대한 과태료 기준 ····························· 395
6. 내용증명 등 소송에 필요한 서류 ································ 400

재개발·재건축은 이처럼 도정법에 근거한 사업 중의 하나다. 도심지에서 주택을 공급하는 방법 중에서 많은 비중을 차지하고 있고, 실수요자가 내 집 마련을 하거나 투자자가 투자해서 수익을 창출할 수 있는 가능성이 가장 높은 사업이기에 관심이 집중되고 있다.

일반적으로 재개발 감정평가 시 보통은 시세보다 감정평가금액이 적게 책정된다. 이럴 경우 사업에 반대하는 조합원(비상대책위원회)이 증가하므로 조합에서는 상당히 신중을 기한다. 여기서 주의 깊게 관찰해야 하는 것이 감정평가금액을 높게 평가하고 대신 비례율을 낮추는 경우다. 전체적인 사업구조상 권리가액은 증가시키기 어려우므로 감정평가금액을 올리고 그 비율만큼 비례율을 낮추어서 공개한다. 결국 권리가액 변동 없이 감정평가금액만 높게 보이는 것이다. 이에 대해 누구나 알 수 있는 사실이라고 반문할 수 있겠지만, 재개발구역 조합원의 연령대가 높고 사업구조를 이해하지 못하는 경우가 많아 실제로 이렇게 감정평가금액을 올리는 것(비례율을 낮춤)을 선호하는 조합원들이 많다.

결론은 감정평가의 시점을 최초 사업시행계획 인가일이나 사업시행계획 변경 인가일 중 어느 것으로 삼더라도 사업성에는 차이가 없다는 의미다. 예를 들어, 최초 사업시행계획 인가일에 나의 감정평가금액이 1억 원이고 비례율이 120%였다면 나의 권리가액은 1억 2,000만 원이 다. 그리고 사업시행계획 변경 인가 시에 감정평가를 다시 해서 나의 감정평가금액이 1억 2,000만 원이 되었을 경우, 비례율이 100%로 떨어져서 나의 권리가액은 그대로 1억 2,000만 원이 된다. 그래서 감정평가를 최초 사업시행계획 인가일과 사업시행계획 변경 인가일 중 어느 것을 기준으로 해도 나에게 주어지는 권리가액은 같다는 것이다.