재개발·재건축 이론과 투자 중개실무
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| Publication Date | 2023/03/03 |
| Pages/Weight/Size | 152*225*0mm |
| ISBN | 9791164845279 |
| Categories | 경제 경영 > 투자/재테크 |
Description
부동산 투자! 재개발·재건축에 주목하라!
재개발·재건축 투자와 중개실무를 위한 필독서
얼어붙었던 부동산 시장에 봄이 올까? 정부가 2023년 1월 3일 대대적인 부동산 규제 완화책을 담은 부동산 대책을 내놓은 뒤 부동산 거래가 조금씩 살아나고 있다. 정부가 규제를 완화한 목적은 부동산 시장의 경착륙 방지다. 집값 급락을 막아 시장의 혼란을 완화하려는 것이다. 부동산 전문가들은 다음 목표를 재개발·재건축 활성화로 본다. 문재인 정부에서 규제되었던 재개발·재건축이 완화 분위기를 타고 활성화될 것이라는 관측이다.
이 책은 금융과 부동산 관련 직업에 20년 남짓 몸담고 있는 지은이가 재개발·재건축 현장에서 쌓은 생생한 투자와 중개 노하우를 정리해서 쓴 재개발·재건축 투자 중개실무 가이드다. 재개발·재건축 투자와 중개실무에 주목해야 하는 이유는 수도권을 중심으로 주택공급의 필요성이 커지고 있지만, 개발할 토지는 마땅치 않은 실정이기 때문이다. 1990년대 전후로 공급된 주택들이 이제 재개발·재건축 시기를 맞고 있다. 이곳들은 대부분 주거지로써 선호하는 지역이고, 개발로 인한 프리미엄 상승이 기대되어 투자자들의 관심이 많다. 주택가격 상승으로 공급의 필요성이 더욱 큰 수도권은 공공기관(LH 등)이 참여해서 규제를 완화한 후 주택을 더 공급하고, 개발이익은 환수하는 공공재개발사업과 공공재건축사업도 시행하고 있다. 따라서 도시정비사업 진행 상황과 구역 내 소유자와 세입자의 준비와 대응 방법, 실수요자와 투자자의 유의점 등을 알아야 한다. 또한, 공인중개사는 정비구역 내 계약 시의 주의점이 무엇인지에 대한 전반적인 이해가 필요하다. 이 책으로 재개발·재건축 투자와 중개실무를 익히고 실전 투자에 나서자.
재개발·재건축 투자와 중개실무를 위한 필독서
얼어붙었던 부동산 시장에 봄이 올까? 정부가 2023년 1월 3일 대대적인 부동산 규제 완화책을 담은 부동산 대책을 내놓은 뒤 부동산 거래가 조금씩 살아나고 있다. 정부가 규제를 완화한 목적은 부동산 시장의 경착륙 방지다. 집값 급락을 막아 시장의 혼란을 완화하려는 것이다. 부동산 전문가들은 다음 목표를 재개발·재건축 활성화로 본다. 문재인 정부에서 규제되었던 재개발·재건축이 완화 분위기를 타고 활성화될 것이라는 관측이다.
이 책은 금융과 부동산 관련 직업에 20년 남짓 몸담고 있는 지은이가 재개발·재건축 현장에서 쌓은 생생한 투자와 중개 노하우를 정리해서 쓴 재개발·재건축 투자 중개실무 가이드다. 재개발·재건축 투자와 중개실무에 주목해야 하는 이유는 수도권을 중심으로 주택공급의 필요성이 커지고 있지만, 개발할 토지는 마땅치 않은 실정이기 때문이다. 1990년대 전후로 공급된 주택들이 이제 재개발·재건축 시기를 맞고 있다. 이곳들은 대부분 주거지로써 선호하는 지역이고, 개발로 인한 프리미엄 상승이 기대되어 투자자들의 관심이 많다. 주택가격 상승으로 공급의 필요성이 더욱 큰 수도권은 공공기관(LH 등)이 참여해서 규제를 완화한 후 주택을 더 공급하고, 개발이익은 환수하는 공공재개발사업과 공공재건축사업도 시행하고 있다. 따라서 도시정비사업 진행 상황과 구역 내 소유자와 세입자의 준비와 대응 방법, 실수요자와 투자자의 유의점 등을 알아야 한다. 또한, 공인중개사는 정비구역 내 계약 시의 주의점이 무엇인지에 대한 전반적인 이해가 필요하다. 이 책으로 재개발·재건축 투자와 중개실무를 익히고 실전 투자에 나서자.
Contents
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
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