세대수증가형 리모델링에서의 환지와 지적확정측량

Abstract

In 2020, the disposition of replotting was introduced for remodeling apartment houses with an increase in the number of households through the revision of the 「Housing Act」. Due to the effect of the disposition of replotting, the land or building that was owned before remodeling was changed to the site or building after remodeling according to the plan to alter rights. Accordingly, the rights to the old land and buildings will be transferred to the new land and buildings as they are.As a result, the previous land ledger will be closed when the replacement becomes effective, and a new land ledger and register for the replotted land will be opened the day after the transfer notice takes effect. To this end, if a use inspection is conducted after the remodeling project is completed, an cadastral confirmation survey should be conducted without delay, and a new land ledger should be opened by the project operator applying for land alteration. However, the 「Housing Act」 does not provide a separate provision for this. This article examined whether the introduction of the disposition of replotting for apartment remodeling should be conducted to create an cadastral confirmation survey for the replotted land, just like the rearrangement project under 「Urban and Residential Environment Improvement Act」 and the housing construction project under 「Housing Act」. The remodeling of apartment houses with increasing number of households takes the form of remodeling, but it is practically similar to the reconstruction of maintenance projects, and if there are more than 20 households increasing, it is a housing construction project under the 「Housing Act」. In addition, in order to provide land use rights for the increasing number of households, it is inevitable to adjust the ratio of land-sharing shares of existing apartment owners and to open the registration of land share rights for households that are generally sold. Accordingly, it is necessary to conduct an cadastral confirmation survey that newly determines the indication of the land. Article 86 of 「Act on the Establishment and Management of Spatial Data」 and Article 83 of the Enforcement Decree of the same Act do not specify the multi-family housing remodeling project as a project subject to cadastral confirmation survey, but it was argued that only in the case of 'multi-family housing remodeling with an increase in the number of households', it can be subject to cadastral confirmation survey as in reconstruction.