Journal of the Architectural Institute of Korea (대한건축학회논문집)

Architectural Institute of Korea (대한건축학회)
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Legal Analysis and Enforcement Schemes of Through-Block-Connection under District Unit Plan

지구단위계획을 통한 공공보행통로 및 보차혼용통로의 법적 성격과 개선방안

  • 김지엽 (성균관대학교 건축학과) ;
  • 안용진 (서울과학기술대학교 건축학부)
  • Received : 2020.12.17
  • Accepted : 2021.02.01
  • Published : 2021.02.28
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Abstract

This paper seeks to identify the legal concept and limitations of Block-Through-Connection under District Unit Plan, conducting the analysis on legal theories and cases in Seoul. The results of the study are as follows. First, Block-Through-Connection limits the right to use and make a profit from land property rights. However, it can be also viewed as general planning restrictions through the balance of public and private interest due to the secured premise of floor area ratio incentives. Therefore, it merely gives the landowner a public legal obligation to open the part to the public for 24 hours, rather than secures the right to use the part of the land. Second, there is a fundamental limit because the National Land Utilization and Planning Act does not have a proper tool to enforce the property owner when he/she violates the obligations. Third, in order to overcome the legal limitations, it is necessary to secure the legal right to use the part of private property through the easement or partial air right under the Korea's property law.

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References

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