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국공유지 무상양도를 활용한 재개발사업의 공공지원 방안

A Study on a Public Support Method using the Gratuitous Public Land Conveyance System

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초록

The scope of the gratuitous public land conveyance in Urban and Living Environment Improvement Act is not clear, so there are many administrative litigation. And it is pointed out that the gratuitous conveyance system is unfair. Therefore, this study suggest that public sector use the gratuitous conveyance system as public financial support for redevelopment area and the scale of the support be determined by feasibility analysis. In other words, public land in redevelopment area should be gratuitously conveyed to a certain feasibility level, and remaining public land should be used as another means of supporting redevelopment project. To do that, the feasibility of redevelopment areas should be objectively measured and compared. So it is required to standardize construction costs and to equate arbitrary determination factors(Landowner's Housing Price Rate, Other Factors of Value Determination Factors in Property Appraisal) respectively. Also in order to use the gratuitous conveyance system as public financial support, 1) we should change the law and use the public land in redevelopment area as means of comprehensive public support, and 2) we should appraise official land price more strictly from the time of determining a Renewal District.

Abstract

The scope of the gratuitous public land conveyance in Urban and Living Environment Improvement Act is not clear, so there are many administrative litigation. And it is pointed out that the gratuitous conveyance system is unfair. Therefore, this study suggest that public sector use the gratuitous conveyance system as public financial support for redevelopment area and the scale of the support be determined by feasibility analysis. In other words, public land in redevelopment area should be gratuitously conveyed to a certain feasibility level, and remaining public land should be used as another means of supporting redevelopment project. To do that, the feasibility of redevelopment areas should be objectively measured and compared. So it is required to standardize construction costs and to equate arbitrary determination factors(Landowner's Housing Price Rate, Other Factors of Value Determination Factors in Property Appraisal) respectively. Also in order to use the gratuitous conveyance system as public financial support, 1) we should change the law and use the public land in redevelopment area as means of comprehensive public support, and 2) we should appraise official land price more strictly from the time of determining a Renewal District.

참고문헌 (4)

  1. 사업자설치 기반시설의 무상귀속ㆍ양도제도의 문제점과 개선방안, "강운산", 한국건설산업연구원, ~ (2007)
  2. 김종보, "整備基盤施設의 無償讓渡", 중앙법학, 9(2), pp.145~170 (2007), 중앙법학회
  3. 장재일, "단독주택지 정비방식의 사업성 비교 연구", 부동산학보, (44), pp.94~110 (2011), 한국부동산학회
  4. 최재웅, "정비기반시설 중 도로의 무상양도 조건에 관한 연구 - 서울특별시 무상양도 기준을 중심으로 -", 국토계획, 45(5), pp.41~51 (2010), 대한국토·도시계획학회

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