부동산공법상 사권보호에 관한 연구

Abstract

In the Real Estate Public Law, first, in the National Land Planning and Utilization Act, in the case of the mayor, county governor and the head of a Gu not permitting the permit application for the claim for purchase in the long-delayed building site and permitted area of land transaction, second, in the case of violating the obligation of disposal within one year for the land relevant to agricultural land disposal cause under the Agricultural Land Act, the disposal of the agricultural land is ordered, and on non-disposal, the Korea Rural Community Corporation is to claim for purchase within 6 months, and the owner of the land in the agricultural development region is able to claim for purchase (new regulation in 2012) to the Korea Rural Community Corporation, and the tariff of the claim for purchase is the appraised value. Third, in the purchase claim system, for the preemption purchase claim acknowledged by the Urban and Residential Environment Development Act, the person accommodated by the implementation of the infrastructure has precedence over others to claim for purchase, fourth, through the revision of the Agricultural Land Act, the purchase claim system is defined within the agricultural development region. In this study, among the four issues, the first issue of claim for purchase in the long-delayed building site mentioned in the National Land Planning and Utilization Act and the effective system of that plan were reviewed systematically regarding its procedure and method in terms of protecting the private right. The law defines that the "Country maintains balanced growth and stability of the national economy and the distribution of proper income, prevent market domination and abuse of economic power, and can regulate and control the economy for the democratization of the economy through harmony between the subjects of the economy.", and as referred in Article 120, Section 2, "The land and the resources are protected by the country, and the country establishes the necessary plan for balanced development and use.", to provide the basis for reinforcing the level of social restriction and limits. Meanwhile, on the other hand, the constitutional security of the Land Property Right and the essential contents are limits to the legislative limit on the Land Property Right, and the general legal reservation article of the existing constitution Article 37, Section 2 is also the basis of limiting fundamental rights, and the regulation setting the limit of restriction at the same time. In the Urban and Residential Environment Development Act, for the claim for purchase in the long-delayed building site, this study reviewed the purpose, method and the procedure of introducing the land purchase claim system of the land owner and the personal land owner of that land category in the long-delayed building site mentioned in the Urban and Residential Environment Development Act.