재개발 재건축 이론과 투자 중개실무 (2303.3)

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 이론과 실무 총망라!

알기 쉽고, 찾아보기 편한 재개발·재건축 지침서

도시정비사업은 공공재개발·재건축이나 규제지역(투기과열지구, 조정대상지역)에 따른 법 개정 등 이슈가 많아 책으로 내용을 정리하기가 어려웠다. 지은이는 이번 책을 펴내며 도시정비사업에 관계자들에게 도움이 되고, 투자나 중개업을 하시는 분들께 실무지식을 전달하는 한편, 중개현장에서의 시행착오를 줄였으면 하는 바람을 담았다.

이 책은 재개발사업과 재건축사업과 관련해서 두 개의 PART로 구성되어 있다. 첫 번째는 재개발과 재건축의 이론적인 부분이다. 법적인 근거와 사업을 이해하기 위한 조합원, 토지등소유자 등의 개념을 정리한다. 조합의 설립과 시공사 선정 등 사업진행절차와 주택의 공급방법, 이주비 등 이주대책, 정비구역의 해제, 새로 주목받는 공공재개발과 공공재건축 등의 내용을 다룬다. 관련 자료를 복사하고 열람하는 방법과 역대 정부의 부동산 정책까지 핵심만 추려서 정리했다.

두 번째는 재개발·재건축의 투자 실무 부분이다. 투자 및 중개를 위한 핵심 포인트를 사례를 들어 구체적으로 알아본다. 이어 프리미엄과 수익률을 설명하고, 감정평가에 관해 소개했다. 규제지역의 유의점과 관련 세금 내용도 담겨 있으며, 계약서 특약 및 작성방법도 알아본다. 투자에 있어 주의할 점과 관리하는 방법도 소개했다. 꼭 필요한 내용을 독자들이 쉽게 찾을 수 있도록 구성했다. 부록으로 재개발·재건축 관련 법령과 정관, 규정 등과 유용한 인터넷 사이트 목록, 특약모음 등을 수록했다. 한 권으로 재개발·재건축에 관한 모든 것을 파악할 수 있는 이 책으로 재개발·재건축 투자를 시작해보자.

정쾌호 

부동산학 박사

증권거래(선물거래) 상담사

FP, AFPK, 공인중개사

동의대학교 부동산금융·자산경영학과 교수

한국공인중개사협회 실무교수

금융과 부동산 관련 직업에 20년 남짓 몸담고 있다. 내 집 마련을 위해 재개발정비구역에 투자한 것을 계기로, 이론적인 공부와 전국의 재개발·재건축 구역을 직접 다녀 보고 배움으로써 나름의 원칙을 정립할 수 있었다. 또한, 재개발·재건축 분야 부동산 중개업을 하면서 중개 시 핵심 포인트나 중개사고 유형 등 많은 경험을 했고, 이 경험을 초보 공인중개사에게 도움을 주고자 한국공인중개사협회에서 실무교수로서 강의를 하고 있다.

재개발·재건축 관련 공부와 발로 뛴 현장의 생생한 진행 상황 및 중개경험을 바탕으로 《재개발·재건축 이제 시작이다!》, 《재개발·재건축 투자 필살기 50선》 등 2권의 책을 집필했다. 좀 더 깊이 있는 공부가 필요하다는 생각에 부동산학 박사학위를 취득했다. 현재는 대학교에서 부동산 전임교수로 재직 중이며, 연구와 노력을 계속하고 있다. 연구의 결과로 <뉴스테이 연계형 재개발사업의 개선방안에 관한 연구>, <도시정비사업의 조합원입주권 전매특성에 관한 연구>를 논문으로 발표했다.

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