都市環境整備事業에서 施行者와 事業節次의 特殊性

• 영문명: Characteristics of the Developer and Legal Process in the Urban Environment Improvement Project
• 발행기관: 중앙대학교 법학연구원
• 저자명: 金鍾甫(Jong Bo Kim)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 665~694쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  Unlike reconstruction project or redevelopment project, urban environment improvement project includes another developer such as proprietor of land or building.
  Urban environment improvement project operated by a few proprietors of land or building is much different from general association project in the respect of character of the corporation, role of the big tract of land proprietor, expense, process of the distribution of right. According to the legal character of the project, therefore, clauses of the Urban and Living Environment Improvement Act based on association project are classified in clause that could be analogized, applicable and non applicable clause.
  In Urban and Living Environment Improvement Act, clauses using the term of the developer described from the stage of development operation sanction. It should be interpreted as directly applicable to Urban environment improvement project. Because proprietor of land or building as the developer of Urban environment improvement project means not the each individual of the corporation, but the corporation replacing the association.
  On the contrary, Clauses about association cannot be applied on proprietor of land or building which is developer. Association of Urban and Living Environment Improvement Act is both the developer and the corporation. In this respect, clauses about the foundation and the management of the association could be analogized and applied on it, because the proprietor of land or building which is to the developer of Urban environment improvement project, is similar to the association. But the clause of the association foundation sanction and regulation which is premised on incorporation and members of association cannot be applied.
  In the usual improvement project, the area of land secured by the authorities in recompense of development outlay or the quota provided to the people is fixed by distribution plan. Unlike the quota provided to the members of association, however, the area of land secured by the authorities in recompense of development outlay or the quota provided to the people isn"t the object of the distribution announcement or distribution application. In the Urban environment improvement project, the proprietor of land or building enforcing there is a legal character of the part attributed to the developer. And the legal character is the quota provided to the people or the thing which is similar to that. In the usual improvement project member of association and association which is the developer is opposed and the quota provided to the members of association and the quota provided to the people is distinguished distinctively. But Urban environment improvement project doesn"t correspond to the strict right distribution process.
  Considering these respects, many clauses of the right distribution process can be interpreted in the way of being modified or moderated.

목차

Ⅰ. 도시환경정비사업과 사업시행자
Ⅱ. 정비사업에서 소유권 박탈의 메카니즘
Ⅲ. 사업시행인가의 범위와 효과
Ⅳ. 시행자귀속분과 관리처분의 절차
Ⅴ. 결론 - 도시환경정비사업의 적용법조

키워드

도시환경정비사업(urban environment improvement project) 사업시행자(developer) 토지등소유자(proprietor of land or building) 조합(association)