| Title |
Analysis by Defensive Process Prerequisite and Offensive Cause of Action on the Merits of Lawsuit Cases in Urban and Housing Redevelopment - Based on Affirm-Rate and Staircase Matrix Tables - |
| Authors |
Kim, Yohan ; Jung, Boseon ; Lee, Sangyoub |
| DOI |
http://dx.doi.org/10.6106/KJCEM.2019.20.5.104 |
| Keywords |
Jurimetrics; Urban and Housing Redevelopment Project; Lawsuit Case; Affirm-Rate; Matrix Table Analysis |
| Abstract |
This study explored to analyze the winning determinants of the lawsuit cases on the urban and housing redevelopment project based on jurimetric methods. Based on affirm-rate and staircase matrix tables, 441 lawsuit judgments are analyzed. Research findings in affirm-rate analysis indicate that past legal relation, no own defect of accreditation, no ownership or association member status, lapse of period of litigation, and no legal interest are identified as higher rate in order for the reason for plea on the merit. And so are defect on calculation of consent rate, defect in relation with written consent, approval before zoning designation, defect in relation with general meeting, and defect on zoning designation for the issue on the merit. It is noteworthy from the staircase matrix table analysis that the criteria for affecting the lawsuit outcome is determined based on key forecasting variables such as past legal relation and no ownership or association member status. This study intends to provide the implication that the unnecessary disputes can be reduced in the urban and housing redevelopment project by the implementation of jurimetric quantitative analysis methodology from the perspective of empirical law. |