재개발·재건축 이론과 투자 중개실무

정쾌호

부동산학박사증권거래(선물거래)상담사FP,AFPK,공인중개사동의대학교부동산금융·자산경영학과교수한국공인중개사협회실무교수금융과부동산관련직업에20년남짓몸담고있다.내집마련을위해재개발정비구역에투자한것을계기로,이론적인공부와전국의재개발·재건축구역을직접다녀보고배움으로써나름의원칙을정립할수있었다.또한,재개발·재건축분야부동산중개업을하면서중개시핵심...

프롤로그 ……4

PART01재개발·재건축이론

CHAPTER01법적근거································································14
1.도시및주거환경정비법·············································14
2.도정법의연혁··························································17
3.빈집및소규모주택정비사업·······································18

CHAPTER02개념정리································································21
1.노후·불량건축물·······················································21
2.토지등소유자··························································22
3.조합원···································································23
4.재개발·재건축의차이점············································26
5.도급제와지분제의차이점··········································28
6.재건축매도청구······················································29
7.비례율··································································31
8.권리가액·······························································32
9.분담금··································································33
10.재건축안전진단····················································42
11.재건축무상지분····················································46
12.재건축초과이익환수제·············································48
13.재건축사업의신탁등기············································56
14.조합원입주권과분양권············································57
15.기타용어의정의···················································59

CHAPTER03사업진행절차··························································60
1.정비계획의수립및정비구역의지정···························62
2.정비사업의시행방법················································67
3.조합설립추진위원회·················································72
4.조합의설립····························································78
5.시공사선정····························································87
6.총회등의결기구···················································91
7.사업시행계획인가·················································98
8.분양공고및분양신청············································107
9.관리처분계획인가·················································114
10.조합원동·호수추첨및일반분양···························121
11.사업의완료절차··················································123

CHAPTER04주택공급방법························································131
1.주택공급·····························································131
2.권리산정기준일····················································135
3.분양대상·····························································136

CHAPTER05이주비등이주대책···············································161
1.이주비································································161
2.이사비································································163
3.주거이전비···························································165
4.영업손실보상························································170

CHAPTER06정비구역의해제····················································175
1.정비구역해제·······················································175
2.정비구역해제의연장·············································178
3.정비구역등의직권해제···········································179
4.정비구역해제의효력·············································181

CHAPTER07공공재개발사업및공공재건축사업·························183
1.공공재개발사업예정구역의지정·고시························183
2.공공재개발사업을위한정비구역지정등····················184
3.공공재개발사업정비(예정)구역해제··························185
4.정비구역지정을위한특례·······································185
5.공공재개발사업에서의용적률완화및주택건설비율·······186
6.공공재건축사업에서의용적률완화및주택건설비율·······186
7.사업시행계획통합심의···········································188

CHAPTER08자료의복사·열람등··············································189
1.자료의복사·열람···················································189
2.벌칙적용에있어서공무원의제·································192
3.도시·주거환경정비기금의설치··································195
4.정비사업전문관리업···············································196

CHAPTER09역대정부의부동산정책·······································198

PART02재개발·재건축투자실무

CHAPTER01투자실무핵심포인트············································210
1.3.3m²당1,000만원인33m²물건vs
3.3m²당800만원인66m²물건·······························210
2.프리미엄1억원을주고매수해도될까?······················211
3.프리미엄이1억원일때,신축아파트의매입가는얼마일까?·····213
4.허가된주택을거래했는데분양자격이왜안될까?·········215
5.국·공유지점유자는불하받는것이좋은가?··················216
6.조합원입주권소유자는그구역의일반분양시청약할수있는가?·····219

CHAPTER02프리미엄의이해····················································221
1.프리미엄·····························································221
2.수익률································································224

CHAPTER03감정평가·······························································228
1.감정평가방법·······················································228
2.감정평가이의신청·················································238
3.감정평가를잘받을수있는물건·······························241

CHAPTER04규제지역의유의점················································243
1.조정대상지역의유의점···········································243
2.투기과열지구의유의점···········································246

CHAPTER05관련세금······························································252
1.취득세································································253
2.양도소득세···························································259
3.입주권양도소득세·················································270

CHAPTER06계약서특약및작성방법·······································274
1.특약···································································274
2.부동산유형별계약서작성·······································278

CHAPTER07투자와관리··························································301
1.진행단계별투자시주의점·······································301
2.공·경매로낙찰시주의점·········································304
3.투자후관리방법···················································305

부록I 1.정비계획의입안대상지역·········································308
2.재개발정비사업조합표준정관···································310
3.정비사업조합설립추진위원회운영규정·······················339
4.정비사업계약업무처리기준·····································341
5.정비사업의임대주택및주택규모별건설비율···············351
6.주택재건축판정을위한안전진단기준·······················354
7.소형주택의활용기준산정방법··································373

부록II 1.정비사업투자를위한유용한사이트···························374
2.특약모음·····························································375
3.정비구역설명·고지확인서·······································380
4.계약서양식및자금조달계획서·································384
5.실거래가위반에대한과태료기준·····························395
6.내용증명등소송에필요한서류································400

책속에서

▷재개발·재건축은이처럼도정법에근거한사업중의하나다.도심지에서주택을공급하는방법중에서많은비중을차지하고있고,실수요자가내집마련을하거나투자자가투자해서수익을창출할수있는가능성이가장높은사업이기에관심이집중되고있다.
-p.15

▷일반적으로재개발감정평가시보통은시세보다감정평가금액이적게책정된다.이럴경우사업에반대하는조합원(비상대책위원회)이증가하므로조합에서는상당히신중을기한다.여기서주의깊게관찰해야하는것이감정평가금액을높게평가하고대신비례율을낮추는경우다.전체적인사업구조상권리가액은증가시키기어려우므로감정평가금액을올리고그비율만큼비례율을낮추어서공개한다.결국권리가액변동없이감정평가금액만높게보이는것이다.이에대해누구나알수있는사실이라고반문할수있겠지만,재개발구역조합원의연령대가높고사업구조를이해하지못하는경우가많아실제로이렇게감정평가금액을올리는것(비례율을낮춤)을선호하는조합원들이많다.
-p.36

▷결론은감정평가의시점을최초사업시행계획인가일이나사업시행계획변경인가일중어느것으로삼더라도사업성에는차이가없다는의미다.예를들어,최초사업시행계획인가일에나의감정평가금액이1억원이고비례율이120%였다면나의권리가액은1억2,000만원이다.그리고사업시행계획변경인가시에감정평가를다시해서나의감정평가금액이1억2,000만원이되었을경우,비례율이100%로떨어져서나의권리가액은그대로1억2,000만원이된다.그래서감정평가를최초사업시행계획인가일과사업시행계획변경인가일중어느것을기준으로해도나에게주어지는권리가액은같다는것이다.
-p.113

▷상가의경우공동주택과달리분양대상의순위를1순위부터7순위까지로나눈후,1순위부터순차적으로지정하되앞순위에서먼저선정한것을제외한나머지상가중하나를지정하는방식을취한다.따라서상가의분양을희망하는경우에는순위요건을확인해서높은순위가될수있는부동산을매입해야한다.
5순위의경우종전건축물의용도와관계없이감정평가금액이높게나왔다면상가신청이가능하다.6순위와의차이점은공동주택을분양받았는지여부에있다.
-p.148

▷2020년8월4일주택공급확대방안으로공공재개발사업과공공재건축사업이도입되었다.공공(LH·SH등)이참여해서도시규제완화를통해주택을기존세대수보다2배이상공급하며개발이익은기부채납으로환수하는정책이다.비경제적인건축행위및투기수요의유입을방지하고,합리적인사업계획을수립하기위해서공공재개발사업을추진하려는구역을공공재개발사업예정구역으로지정할수있다.
-p.183

▷부동산투자시몇가지매물중에서본인의재정상태나투자기간을고려해서물건을선택하게된다.같은조건이면싸게사고싶은것은누구나같은마음일것이다.그런데재개발구역에서감정평가가나오기전에물건을구입하는것은일반적인매매방식과는차이가있다.보통부동산을거래할때는3.3m²당가격이저렴한물건을사면그만이지만,재개발구역에서의거래는감정평가액을예측한다음프리미엄이어느정도인지를추정해서거래해야한다.
-p.210

▷부동산투자에서세금(취득세,양도세)은납부해야하는국민의의무고,세금을정확히알아야절세도가능하다.물론‘세금은부동산중개소장이나세무사에게물어보면되지’,‘그런건배우지않아도돼’라고생각하는투자자도있을것이다.하지만세금은투자시고려해야하는중요한요소이며,투자수익률에도큰영향을미치므로꼭알아두어야한다.처음에는세금의구조가복잡하고어렵게느껴질수있지만실상익숙해지면그렇지않다.다만,세법이자주개정되므로혼동이오는경우는있다.
-p.252

▷정비구역이지정된것만으로사업이순조롭게진행되는것은아니다.이단계에서는추진위원회의역량이중요하다.주민들과원활한관계형성을기반으로주민들을사업에적극적으로동참시켜서참여율을높여야한다.
-p.301