경사지 지하아파트의 법적 문제점에 관한 연구 - 지하층 면적의 용적률 산정의 기초가 되는 연면적에의 불산입 조치에 대한 일본 법제･학설 및 판례의 분석과 그 시사점을 중심으로 -

Abstract

The noninclusion of the floor area ratio for the basement was enforced in Japan in 1994. However, the object is a basement part provided by the use of the house. And the basement becoming a target of the noninclusion in it is not all, In other words, it is that ceilings are less than 1 meter in height from ‘ground surface’. In addition, the area of the basement made a one-third of the whole building a limit. It take the restrictive floor area ratio noninclusion measures in this way in Japan. However, There were many fights around the validity of this system. In the case of Korea, It take the limitless floor area ratio noninclusion measures for the basement for here. Therefore, It can see problems such as the violation of living rights of the residential area seriously most in comparison with Japan. Therefore, must improve our laws and ordinances. It is good to refer to a legislation manner of Japan then. In other words, It remove commercial facilities or an office in an object of the floor area ratio noninclusion and apply only the living room of the house. In addition, It do not aim for the floor area ratio noninclusion for all the basements. In other words. It put some limit.It mention setting of ‘ground surface’ next. The master of building put floor area ratio noninclusion measures together skillfully in Japan. And, by a variety of methods, I abused the floor area ratio noninclusion measures of the basement. And an administrative agency did a planning permission for here. However, the court judged that such a building certification act did not have illegality. There is a scholar pointing out that have many problems for the manner of such a precedent. In other words, They say, “there is the cause why this does not make the definition of the ’dry area’ clear in laws and ordinances”. Even it is the internal mutual decision of the administrative agency in Japan, but ‘handling standard’ exists. Thus, It receive such a criticism though it was disposed according to this standard. Besides definitions such as ‘dry area’ have been yet only prescribed in laws and ordinances in Korea. Besides, there are not an official order or the guideline about here, and it is our reality mainly to solve a problem through a question form in petition rooms of the cyber nation. It can say that the problem is more serious if It see it in light of this. It can say that the problem is more serious if I see it in light of this. Therefore, if I see it in light of the serious nature of the problem, Or if It see it in light of importance of the earth surface positioning, Maintenance of the law to be connected with here is necessary. But a method becomes the problem here. There is only much criticism for depending on an internal standard in Japan. Therefore, I think that it is necessary to prescribe this in laws and ordinances in the case of Korea.