재건축사업의 초과이익 환수제도의 부적정성에 관한 연구 = In-appropriateness on Recapture System of Betterment of Housing Reconstruction Projects

다국어 초록 (Multilingual Abstract)

Government established “Law on Recapture of Excess Gains of Housing Reconstruction Project” and is enforcing it since 2006.6.24.
There are already a number of legal means that enable to recapture Betterment of housing reconstruction projects. Those are a ‘Transfer income tax’, ‘Allotment on infra-facilities’, ‘Fixed rate of building small-sized housing’ and ‘Mandatory of supply of lendable housing' etc. result in increasing regulations into reconstruction project. The government declared that they will recapture the Betterment generated by reconstruction project the least \30 million to the highest 50% of excess-profits.
This paper aims at studying on In-appropriateness of the Recapture system of Betterment of Housing Reconstruction projects(RBHR). Government will have to amend RBHR because it has some in-appropriateness as follow :
First of all, fixed rate of building small-sized housing' and ‘Mandatory of supply of
lendable housing in reconstruction-site because there is some infraction on the constitutional rights of pursuing people's happiness.
Secondly, A real property acquisition tax, A registration tax on new building or housing and Demage against environmental right's violation will have to be approved of as a cost in estimating Betterment.
Thirdly, Allotment for basic facilities and Mandatory donation of public facilities will have to be abolished on account of in-appropriating in views of effectiveness.
We will have to reorganize inefficient regulations and devise the most efficient ways that does not infringe as much as possible.

다국어 초록 (Multilingual Abstract)

Government established “Law on Recapture of Excess Gains of Housing Reconstruction Project” and is enforcing it since 2006.6.24.
There are already a number of legal means that enable to recapture Betterment of housing reconstruction projects. Those are a ‘Transfer income tax’, ‘Allotment on infra-facilities’, ‘Fixed rate of building small-sized housing’ and ‘Mandatory of supply of lendable housing' etc. result in increasing regulations into reconstruction project. The government declared that they will recapture the Betterment generated by reconstruction project the least \30 million to the highest 50% of excess-profits.
This paper aims at studying on In-appropriateness of the Recapture system of Betterment of Housing Reconstruction projects(RBHR). Government will have to amend RBHR because it has some in-appropriateness as follow :
First of all, fixed rate of building small-sized housing' and ‘Mandatory of supply of
lendable housing in reconstruction-site because there is some infraction on the constitutional rights of pursuing people's happiness.
Secondly, A real property acquisition tax, A registration tax on new building or housing and Demage against environmental right's violation will have to be approved of as a cost in estimating Betterment.
Thirdly, Allotment for basic facilities and Mandatory donation of public facilities will have to be abolished on account of in-appropriating in views of effectiveness.
We will have to reorganize inefficient regulations and devise the most efficient ways that does not infringe as much as possible.

참고문헌 (Reference)

1 김성수, "행정법판례 평론" 홍문사 2006

2 정희남, "토지에 대한 개발이익 환수제도의 개편방안" 국토연구원 2003

3 이주희, "지방자치법이론과 운영사례" 기문당 2007

4 김성수, "재건축부담금에 대한 헌법적 검토" 한국토지공법학회 31 : 29-58, 2006

5 성소미, "재건축 개발이익환수에 관한 법적 쟁점" 한국토지공법학회 31 : 1-28, 2006

6 김종보, "새로운 재건축ㆍ재개발이야기" 2003

7 이주희, "도시계획제한과 손실보상" 한양대학교 대학원 1990

8 이주희, "도시계획요론" 기문당 2005

9 김남근, "국회건설교통위원회 공청회 진술요지서"

10 김재철, "국회건설교통위원회 공청회 진술요지서"

11 최완호, "공동주택 재건축 사업이 개발이익 환수의 대상인지 여부의 법적 검토" 한국감정평가학회 2004

12 이동수, "再建築開發利益還收制의 內容과 問題點" 한국토지공법학회 25 : 81-100, 2005

13 김용민, "再建築規制의 諸 問題" 한국부동산학회 24 (24): 274-288, 2005