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The Legal Review on the Exceptional Clauses of the Public Expropriation Based on the Land Development Projects

  • Korea Real Estate Review
  • 2006, 16(1), pp.29-56
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

Hai Woong Yoo 1

1(재)한국부동산연구원

Candidate

ABSTRACT

The acquisition of lands and others for land development project should be based on The Expropriation and Compensation Law of Lands for Public Works(hereinafter Land Compensation Law). However when there is a contradictory stipulation in an individual law, the provisions of the individual law should control. For that, the individual laws prescribe “be able to expropriate or use” the lands or others for the appropriate land development and be pursuant to the regulation of Land Compensation Law related to the expropriation. However the individual laws contain various exceptional cases though. This thesis is mostly focused on analyzing the exceptional clauses of the land development project law especially concerned about expropriation, and figuring out a little more reasonable system through deliberating the system. Each chapter is comprised of the following contents. The 2nd chapter covers the type and system of the land development project. This chapter embodies a grand scale land development project and provides brief overview of the system. The 3rd chapter carries the composition of exceptional case clause of the expropriation and the relationship with Land Compensation Law. This chapter contains the arrangement and analysis of the exceptional case clauses of the expropriation, the relationship between the land development project and the public works, and the application of expropriation clauses based on Land Compensation Law as well. The 4th chapter is about the exceptional case clauses of the expropriation based on the land development project law. It also provides the problems and the improvement directions of the exceptional case clauses. The last chapter suggests the directions of improving those clauses at issue and suggests the author's opinions.

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