• Title/Summary/Keyword: 토지재산권행사

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A Study on the Exercise of Landowner′s Property Right(Focused on Urban Development District) (토지재산권행사에 관한 연구(도시개발사업지구를 중심으로))

  • 김감래;김춘오
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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    • 2003.04a
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    • pp.517-520
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    • 2003
  • 본 연구에서는 대단위의 도시개발사업을 시행하면서 사업완료 전에 토지를 분양받은 수분양자가 사업완료 전이라 분양 받은 토지의 지적공부 및 등기부가 없어 완전한 토지재산권행사를 하지 못하는 문제가 발생하여, 이에 대한 대안으로 환지예정지토지로 등기를 하여 권리행사를 할 수 있는 개선방안을 제시하고, 실제 도시개발사업시행지구를 대상으로 개선방안에 의거 환지예정지로 등기를 해보았고 분석결과 현행 법ㆍ제도로도 개선시행이 가능하다고 판단하였다.

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Applications of GIS Spatial Analysis in Extracting Land Characteristics for Calculate Individual Declared Land Value (개별공시지가산정을 위한 토지특성조사에 GIS 공간분석기법의 적용)

  • Sung, Chun-Ja;Park, Jae-Kook
    • Journal of Korean Society for Geospatial Information Science
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    • v.15 no.1 s.39
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    • pp.31-38
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    • 2007
  • The current land characteristics survey to calculate an individual declared land value requires significant manpower, time, and cost. Accordingly, a revised method is required to reduce an economic cost and efficiently extract the information on land characteristics. This study proposed a utilization of spatial information as a means to rapidly and efficiently examine a survey on land characteristics and the method to obtain land characteristics that cannot be obtained in the KLIS (Korea Land Information System) among the land characteristics, which is a basic material in calculating an individual declared land value, via GIS spatial analysis. The proposed methods will not only reduce a significant time and cost as well as a demand necessary in a land characteristics survey but also provide an improvement direction to a current survey method for land characteristics.

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Analyzing Factors Affecting the Use of Landowner's Purchase Requisition Policy in Bukhansan National Park (북한산국립공원 내 토지매수 청구 제도 활용 요인 분석)

  • Chan Yong Sung;Young Jae Yi
    • Korean Journal of Environment and Ecology
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    • v.37 no.6
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    • pp.499-507
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    • 2023
  • This study conducted an empirical analysis on a land purchase requisition policy in Bukhansan National Park to draw the efficacy, limitations and implications of this policy. A logistic regression analysis was conducted to identify factors that affected the landowners' decision on applying for land purchase requisition using the government's records on acquisition of private lands in the park since 2006 when this policy began to be implemented. Results illustrate that the probability that a landowner applied for purchase requisition increased if the land was classified as forest, if a large proportion of the land was designated as the nature conservation district, if it was located farther from park boundary, and if it had higher appraised value per square meter. These results indicate that as the landowners had less chance to utilize their lands, they more likely apply for purchase requisition. These results also imply that the government can achieve a high conservation performance level if private lands are acquire by the land acquisition requisition policy. The logistic regression model also predict that 401m2 of the private lands in Bukhansan National Park will likely be purchase-requested in future. Despites its usefulness in mitigating landowners' complaints in national parks, the land purchase requisition policy has not been widely utilized. Based on these empirical results, this study provides policy implications to facilitate the ulitization of this policy.

Analysis of the Kind of Cadastral Non-coincidence Complaints in Gyeongnam (경남지역의 지적불부합지 민원 유형분석)

  • Kim, Gyu Cheol;Kim, Yung Jong;Choi, Hyun
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.32 no.spc4_2
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    • pp.387-392
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    • 2014
  • Prior to start the business of Cadastral Non-Coincidence, there is a difficulty in the boundary setting due to the border dispute between the business owners, because of inconvenient land using and problems and the exercise of the ownership about their shared land. Expected that the cooperation of the residents admission can be used as countermeasures, which lead to conclude in the agreement by converging various opinions, such as about preceding business promotion, property rights and stable boundary, into one submission. Consequently, the national stength can be competitive by the efficient land management; the land portion of utilized area would be increasing as well as the boundary would be more convenient and accurate. In this study, the Cadastral Resurvey is planned to be analyzed the complaints based on complaint resolution cases and problems associated with the Cadastral Non-Coincidence. Following to the result, we want to use it to analyze the actual situation of Cadastral Non-Coincidence in Gyeongnam, so as generated by the Cadastral Resurvey business in the future for efficiency in the business.

A study on the Derivation of Improvement Method for the Problems of the Current Land Category System - Focused on Land Category Classification and Conversion Cases - (현행 지목제도의 문제점에 대한 개선방안 도출에 관한 연구 - 지목의 설정과 변경 사례를 중심으로 -)

  • Choi, Dae-Jiup;Shin, Man-Joong
    • Journal of Cadastre & Land InformatiX
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    • v.52 no.2
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    • pp.67-80
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    • 2022
  • This study proposes a legal limit from the administrative and management standpoint of the city hall/county office/gu office, which is the cadastral authority, in relation to the discrepancy between the actual land use status and the cadastral study that has been continuously raised. And also, from the point of view of civil complaints such as landowners, this study tried to evaluate the practical problems of the current land category system from the point of view of civil complaints such as landowners and to derive a solution to these problems. Therefore, this study indicates how the category of land use is classified, and how land use is restricted by the laws of Registration & Management of public cadastre. Also, it shows the reasons why discrepancy between the land use fixed by the law and the current state of actual use of land occurs. Addtionally, This study suggests a plan to reorganize the Land Category system and it includes consolidation and subdivision of land. The study also describes a way to minimize the targets for conversion of land under control of Land Category System as well as to improve the law that protects the people's property rights.

Measures to Implements the Landscape Preservation and Management on Consideration of Changing the Actual Condition and Landscape Visibility in the Surround Area of the Jongmyo (종묘 주변지역의 현상변경 실태 및 경관가시성을 고려한 경관보존.관리방안)

  • Suh, Joo-Hwan;Oh, Ji-Hoon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.2
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    • pp.118-126
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    • 2010
  • The purpose of this study is a suggestion which is a way for preservation and management the Jongmyo landscape based on its landscape visibility and land use. To do this, we had done a field investigation and a literature examination. The investigations are as following; we researched current application which for changing the actual condition near the Jongmyo. According to this research site could notice that landscape visibility can be affected by not only the height of building the Jongmyo. The visibility can be affected by photograph's undulation, too. Furthermore, we notice that even some building are located far from the view point and view corridor, it can be a factor which decrease the quality of the landscape visibility. Finally, we can propose how to make way for conservation and management by through restrict land use which based on changing the actual condition, landscape visibility and land use around the cultural assets.

The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.