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Improvement of rational discussion on the official price regime in reimbursement

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 68(), pp.49-67
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Park, Jong-Su 1 양기영 2

1고려대학교
2광운대학교

Accredited

ABSTRACT

Housing site/lot developmentbusiness are being implemented to stabilize the housing market and to solve the residence problem. In case of acquisition of land for these public services, indemnification must be preceded, that is, Just compensationas defined in the Constitution Article 23, paragraph 3). Thus, in order to appropriate compensation more objectively, officially assessed land price system is needed and the price should include real estate market price. But unearned income should be excluded from compensation and the point of time for price is defined as “price at the time of yielding an agreement where consultation is held”or "the price at the time of adjudicating on the expropriation or use where such adjudication is rendered“. So the difference in the compensation amount and arm's length price is caused. Thereby comparative deprivation of landowner and equity issues are raised and It is planned to land price balance because officially assessed reference land price is tax base that can cause refusal to pay tax. Generally officially assessed reference land price of national experience is lower than arm's length price. To solve this problem though there are many researches and institutional changes it has not been resolved. The questions whether the official land price system to solve the two problems that are fair taxation and Just compensationare raised. Their purpose and evaluation methods are clearly distinct. Nevertheless It was instituted only one process. and It causes a cyclical contradiction. Therefore it should be a The legislative resolution in order to remove the contradiction.

Citation status

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