도로부지의 보상평가규정에 대한 비판적 고찰

Abstract

Due to the nature of public goods the roads have the difficulty of getting marketability . For the road doesn't have profitable market performances, it is difficult to appraise the road by applying the three methods in theory and practice. So, in the case of the private road, the conventional evaluation of road was based on the theory that the value of the road was transferred to the adjacent land. However, it is difficult to apply the 'hwache' (transfer of the value) theory in theory and practice. Therefore it was primarily used to justify the logic of the low valuation of the road. The low valuation of the private land is based on the market value which reflects the constraints caused by the regal regulations and the real situation. Nevertheless, the hwache theory still makes confusion in the road compensation because it becomes the logical base of the low valuation of the private road. To resolve this confusion, we should start from clarifying the theoretical basis of the evaluation of the road. The value of the land consists of the sum of the present value of the income during the holding period and the present value of the market value at the time of disposal. Reflecting the uniqueness of the road, it should be evaluated on the basis of this theoretical fundamental. In fact, the legal or real status of the road is very various. Therefore, compensating the road according to the three legal status is not appropriate. This problem caused controversy and litigation. Through the emprical, quantitative studies of various roads we can appraise the road more appropriately and the compensation value of the road can reflect the realities and possibilities of the road values.