용적이양제 도입 및 활용에 관한 공법적 연구

As a method to reduce an excessive regulatory loss and to preserve a land owner's loss resulted from the land use regulation without a governmental financial support, a review on the adoption of a Transfer of Development Rights System(hereinafter, 'the TDR system') based on the concept of the American TDR System has recently been implemented by experts and scholars, especially in the field of urban engineering. The TDR system differs from the principle of compensation because it is only applicable to the case that the land use regulation does not exceed the limit of endurance. The TDR system is expected to reduce the land owner's excessive loss resulted from the urban development plan by the floor transaction, and it is also anticipated to preserve the cultural heritage, the land for public use, etc and to develop the existing downtown areas simultaneously. Moreover, in the situation that the needs for the maintenance plans such as redevelopment project, urban renewal project, new town project, and refurbishing project for the existing downtown areas have extremely been increased. The TDR system also can be expected to maximize the land utilization and development suitable to the topographic characteristics of Seoul city by combining the hills hard to be developed due to several land use regulations with the developable station influence areas. From the expectations above, it seems that the necessity for adopting the TDR system is admittable, and Seoul city now carries forward the refurnishing project by using the conjoint renewal system to which the concept of TDR system is applied. Thus, this study helps with understanding the basic concept of the TDR system through the overview of the American TDR system, and to present a legal validity for the adoption of the TDR system and to utilize the system by reviewing and evaluating the legal issues pointed out in the preceding studies.