PF계약상 대주의 인허가권 확보에 대한 검토

PF계약에서 대주가 개발사업의 인허가권을 확보·이전받는 문제를 검토했다.

After obtaining permission for construction from administrative agency, a developer makes a capital financing contract with project lenders. In case a developer becomes insolvent, project lenders would make every effort to take over the project implement rights, so they can get repayment. This article examines if it is necessary to include the project implement rights transfer provision in such contracts, and shows the examples of transfer provision in contracts. It also suggests the legal approaches for taking over project implement right, such as suits for transfer rights and title transfer, and it looks through the range of acceptance and reconciliation.

In addition, the research studies the possibility of transfer project implement right to project lenders inferring with Ipso facto clause, in case of the developer or the constructor`s bankruptcy. Finally, the research investigates the way for project lenders to secure the construction permission when the corporate recovery proceeds. It briefly introduces corporate recovery procedure, then shows the effect of transferring project implement right clause, obtaining the business through buying securities(debt-equity swap, enforcement of the pledge), managemental real estate trust.