@article{ART002588774},
author={KANG, HYUN HO},
title={A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain},
journal={Public Land Law Review},
issn={1226-251X},
year={2020},
volume={90},
pages={1-21}
TY - JOUR
AU - KANG, HYUN HO
TI - A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain
JO - Public Land Law Review
PY - 2020
VL - 90
IS - null
PB - Korean Public Land Law Association
SP - 1
EP - 21
SN - 1226-251X
AB - Although efforts are made nationwidely, nonetheless, unlicensed buildings are still emerging. When the unlicensed building is subject to eminant domain when carrying out public works, the Korean Land Compensation Law compensates the unlicensed building itself as obstacles. However, there is no clear regulation regarding compensation for the site where unlicensed buildings are located. Usually, land transformation of form and nature is performed in the process of building an unlicensed building. Therefore, unlicensed buildings are often built in paddy, field or in forest.
In the case of legalization of unlicensed buildings in relation to compensation for unlicensed buildings, the floor area in which the unlicensed buildings are located was compensated by pointing to “building site”. Therefore, the extent to which the floor area of an unlicensed building is recognized has caused a large change in the calculation of the compensation amount. In calculating the floor area of an unlicensed building, until now, the dominant views have been the theory of limited floor area or the theory of current area standard, but these views are uncertain in terms of irrationality about the building ledger or current survey when the area is recognized as the floor area.
In addition, there may be an irrationality that, if only relying on the size of the building area at the time of the construction of an unlicensed building, a greater reward is given to those who have committed a lot of illegality in the past. Therefore, when considering the factors that can be considered in the compensation of unlicensed buildings comprehensively, the theory of reverse estimation of floor area is most reasonable. In addition, it is necessary to make legal arrangements not to produce as much as possible unlicensed buildings in the future, and to make appropriate compensation for unlicensed buildings that have inevitably occurred by comprehensively considering various circumstances.
KW - unlicensed buildings;eminant domain;public works;obstacles;land transformation of form and nature;building site;the theory of reverse estimation of floor area
DO -
UR -
ER -
KANG, HYUN HO. (2020). A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain. Public Land Law Review, 90, 1-21.
KANG, HYUN HO. 2020, "A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain", Public Land Law Review, vol.90, pp.1-21.
KANG, HYUN HO "A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain" Public Land Law Review 90 pp.1-21 (2020) : 1.
KANG, HYUN HO. A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain. 2020; 90 1-21.
KANG, HYUN HO. "A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain" Public Land Law Review 90(2020) : 1-21.
KANG, HYUN HO. A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain. Public Land Law Review, 90, 1-21.
KANG, HYUN HO. A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain. Public Land Law Review. 2020; 90 1-21.
KANG, HYUN HO. A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain. 2020; 90 1-21.
KANG, HYUN HO. "A Legal Study on the Compensation of unlicensed Buildings in Eminent Domain" Public Land Law Review 90(2020) : 1-21.
