부동산 개발이익 환수에 관한 법적 고찰

Abstract

As the controversy over the development project in Daejang-dong, Seongnam-si, has emerged as a national concern, there are voices of concern over whether the real estate development profit recovery system is working properly. Development profits generated from current urban development projects are recovered as development charges at the development stage, and profits are recovered through taxation at the holding and disposal stage, but measures must be actively prepared to solve them at this point. First, the government should restore some of the profits of private businesses to improve the problem of excessive development profits in real estate development, secondly, strengthen the publicity of public-private joint projects and local governments’ discretion. In addition, it is necessary to consider ways to reduce excessive reductions or exemptions on development charges. It was said that it was necessary to consider increasing the ratio of public housing in areas where urban development projects are carried out, and for projects with a public investment ratio of more than 50%, but the related amendment to the Housing Act passed the plenary session on December 9, 2021. In addition, it is necessary to consider a plan to limit ownership without including development profits generated from buildings other than the scope of legitimate interests by establishing grounds for clearly determining the scope of building ownership as a supplementary measure under civil law.