원형지개발 및 복합개발에 대한 법적 문제점 및 개선방향

• 영문명: A Study on Legal issues of Development of Raw Land and Complex Development
• 발행기관: 원광대학교 법학연구소
• 저자명: 황창용(Hwang Chang Yong)
• 간행물 정보: 『원광법학』제30권 제4호, 217~243쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

Urban Development Act provides Development of Raw Land retaining original features and Complex Development as a type of PPPs (Public-Private-Partnerships) development in urban development area. Where it is necessary to develop a city in a nature-friendly manner, or in a complex or multi-level manner, Raw Land may be supplied to persons who: (1) are selected at a competition process for getting concession for complex development, etc; (2) directly uses Raw Land as a site for schools, factories, etc. And, Developed Land may be supplied to person who are selected at a competition process for getting concession for Complex Development. The former is the so-called "Development of Raw Land", The Latter is the so-called "Complex Development". This paper looks into the legal issues on Development of Raw Land and Complex Development, and presents the problems and first-priority tasks. The main conclusions of this paper are as follows. First, The objectives and the requirements of Development of Raw Land and Complex Development should be clearly and sufficiently stipulated in Urban Development Act. Vague and insufficient regulations can cause the issues of unjust advantage for private sector developer and the undue exercise of eminent domain by private entity. Second, Developers of Raw Land and Complex Development may have the benefits to buy the relevant land at the appraised price, not fair market price, without open competition according to the current Urban Development Act. But it requires rational and legitimate link between the relevant land price benefits for private sector developer and achieving objective of Development of Raw Land and Complex Development. Third, In case of complex development, it should be arranged the measures necessary, such as urging for the implementation thereof, to assure the continuity and efficacy of the purpose of complex development. Lastly, Successful PPPs requires the creation of a private sector's financially viable condition. No developer shall sell Raw land within the period prescribed by Urban Development Act. But this rules shall not apply where prior approval is obtained from the authority for such cases as bankrupt of developer, mortgage and other securities for private sector's financing, to an extent not detrimental to the purpose of Development of Raw Land.

목차

Ⅰ. 서론

Ⅱ. 원형지개발과 복합개발

Ⅲ. 주요 시행조건에 대한 공법적 규율

Ⅳ. 문제점 및 개선방향

Ⅴ. 결론

참고문헌

키워드

원형지개발 복합개발 도시개발 민관협력사업 선수금 Development of Raw Land Complex Development Urban Development PPPs Advance payment