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A legal review on cancellation of the city redevelopment project

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 62(), pp.25-47
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee,Heon-Seok 1

1서원대학교

Accredited

ABSTRACT

The purpose of redevelopment and reconstruction business is to allow the residents to inhabit in an improved environment even after the housing redevelopment project is completed by improving the districts where the residential environment is inadequate and infrastructure is faulty. Nevertheless, there is a problem with the city redevelopment project: the meaning of publicity is fading due to excessive focus on the project itself in korea. This is because the redevelopment is being executed without investment of public resources. In result, The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was revised in February 2012. The revision is expected to make positive contributions to settling down the situation where land owners, etc. are still being restricted in exercising their property right despite a continuous failure in the promotion of redevelopment projects due to deteriorated profitability and to changing them into new types of projects and therefore to promoting improvement and development of urban residential environments. However, the most important element in the revision is lifting of the redevelopment district designation where project development is being delayed. The designation is lifted in case of a delay in project development, such as a delay in application for permit by the project promotion committee and union, or in case project promotion causes excessive burden on residents. Furthermore, the lifting of designation is not through resolution by the promotion committee or union and therefore, it leads to an issue of sharing expenses previously spent in the course of promoting a project. In conclusion, this is the method where residents who provide the land and construction companies that pay the entire operational cost are jointly developing. Moreover, in order to activate city redevelopment project, residential participation must be activated. Also, joint redevelopment method and improvement on circular maintenance method should be considered in the city redevelopment.

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