공익사업에 따른 잔여지 가격감소와 사권보호 - 공용주차장부지 수용사례를 중심으로 -

Abstract

This article suggests ways to improve the depreciation compensation system in a case where Y City expropriated land necessary for a public utility project and refused to compensate the depreciation of the residual land caused by the expropriation, and the owner of the residual land exercised the right to claim depreciation compensation. The project operator is obligated to compensate for the depreciation of the residual land by law, and the law divides the acts causing depreciation into torts in judicial relations and legal acts in public law relations. The project concessionaire conducted the depreciation compensation procedure according to the appraisal method with the cause of depreciation compensation as the legal act of expropriation procedure under public law. However, due to the deficiencies in the legal process, the residual landowner's claim for depreciation compensation could not be satisfied. The project implementer refused to compensate the residual land by not preparing the residual land depreciation certificate from the beginning because there was no depreciation of the residual land, and the Land Use Committee did not decide on the depreciation compensation based on the opinion of two appraisers that there was no depreciation. In response, the residual landowner filed an administrative lawsuit with an appraisal from appraiser A stating that there was a decrease in price, but the court did not even hear it and adopted the court appraiser's appraisal. The residual landowner abandoned the appeal, distrusting the determination process and the trial process. As long as the residual value compensation procedure and the remedy for its infringement remain in place, such cases are bound to be repeated, and the protection of land value rights guaranteed by the Constitution is ineffective. It is recommended that the project implementer be required to prepare a residual land depreciation certificate, and that the residual landowner be allowed to submit a pre-trial or pre-judgment defensive appraisal and be given a hearing in the compensation decision of the Land Use Commission and in the court proceedings.