토지수용에 관한 법적 쟁점의 해결방안

Abstract

Article 23 (3) of the Constitution provides for the guarantee of property rights, while stipulating that property rights can be restricted based on law on the premise of payment of legitimate compensation if there is a public need. The judicial problems related to land expropriation are as follows. First, land expropriation contains legal issues regarding landowners and related persons who have interests in the land. In particular, the legal status of a person with a security right with respect to the expropriated land and a buyer with a claim for bond registration on the land is a problem. Second, if landowners receive expropriation compensation instead of losing their ownership through land expropriation, they sometimes deposit expropriation compensation on behalf of the land, so the mortgage holders acquire the right to property compensation, and the bond claimants who purchased the land acquire the right to claim. This is a matter of legal interpretation and at the same time is linked to the guarantee of property rights of landowners and interested parties. Third, there is a significant possibility that there will be a legal dispute or not consultation on the appropriate theory of compensation for loss between the landowner and the project operator who are deprived of property rights in the process of land expropriation for actual public projects. There is an opinion that public collection can be a serious infringement on private property rights in that property rights such as land of others are acquired for public interest and other welfare purposes. The main purpose of this paper is to derive public and judicial problems related to land expropriation and to find solutions to the extent possible. In particular, it is necessary to clarify whether the protection of the property rights of landowners who lose their ownership due to land expropriation can be protected in a way other than the payment of compensation for expropriation. In other words, by deriving an appropriate legal remedy for private ownership infringed by public utilities, we intend to find the right balance between public interest and private interest.