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Case Analysis on the Depreciated Compensation of the Remaining Land

  • Korea Real Estate Review
  • 2019, 29(1), pp.7-24
  • DOI : 10.35136/krer.29.1.1
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Received : October 8, 2018
  • Accepted : March 15, 2019
  • Published : March 31, 2019

kyungkyu seo 1

1대구가톨릭대학교

Accredited

ABSTRACT

The depreciated compensation of the remaining land is a typical indirect compensation, but it has not been actively implemented due to the absence of relevant regulations. The purpose of this study is to analyze court cases on the compensation, to grasp the current situation of the depreciated compensation of the remaining land, and to derive system improvements and implications for appraisal practice. The results of the study are as follows. Regarding the improvement of the system, it is necessary to: ① claim the depreciated compensation of the remaining land preliminarily, even if there is a demand or request for the purchase of the remaining land from the adjudication stage; ② notify the project operator of the construction completion date to strengthen the relief of right of the owner; ③ strengthen the function of the Public Works Act as a general law on compensation; ④ supplement the Public Works Act with specific legislation on the scope of a depreciated compensation; and ⑤ offset the profits from the project. Regarding the analysis of the appraisal practice, it is necessary to: ① analyze the changes in the shape and area when appraising the depreciated compensation of the remaining land; ② be careful in judging a group of lands; ③ check the drawings related to a construction project to determine the business loss; and ④ examine the land parcels to determine if some of them are depreciated when the remaining land is larger than the land parcels.

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