주택재개발 , 재건축사업과 관련한 토지 및 유 , 무허가 건축물의 취득시 평가 , 보상문제 = The Valuation and Compensation of a Land and a Structure relating to Redevelopment and Reconstruction

다국어 초록 (Multilingual Abstract)

The Necessity and Profits of Redevelopment and Reconstruction caused to an active undertaking in many areas in our countries especially in Seoul and Kyoungki province. However there is much to be desired. For example, because the various laws and regulations don`t improve in such a way to meet the realistic needs of civil lives, disputes and complaints during this undertaking occur frequently and the undertaking procedure is very complicated. The provision of Special Act on Acquisition for Public Land and Compensation and Land Expropriation Act shall apply in these cases. This Law and regulation is wanting in consistency. On this basis I study on the classification of redevelopment and reconstruction, emphasis the differentiation of that, introduce the concrete procedure, and observe the problem in legal and practical aspects. And also, I see the rights protection of a lessee and a non assenter about this undertaking and general problems of quorum, not well informed partners and difficulty of ownership transferation. Then I introduce the procedure of purchase of a land and a construction showed in Special Act on Acquisition for Public Land and Compensation and Land Expropriation Act. Subsequently I indicate the representative problem showed in the current Valuation and Compensation System of a Land and a Structure. In the Last, I attempt to offer a proposal that will be established as a compensation principle which clarifies rights protection of partners and compensation of the unauthorized building. Therefore in this article I try to collect and arrange various and desultory provision, offer a steady stream of constructive proposals for adjustment, and a criteria applicable to all cases.