재개발사업에서 학교용지의 개념과 법적 성질

In the process of redevelopment project, schools are usually installed in the target area for the first time, so all of the previous designations will disappear and new school grounds will be created. Because the project developer of the redevelopment project is only obliged to create a school ground, the school facility is installed by Provincial office of education purchasing the school ground from the project developer. Due to the nature of the redevelopment project that takes a long time, the ownership of land or buildings owned by the redevelopment union or union member is sometimes transferred to a third party during the project period. As a result, conflict has happened between old ownership and new ownership. In the redevelopment project, the project is proceeding in a way that the old designation and the old ownership based on school ground disappear and the new designation and ownership are generated. The land or the building in the target area is largely classified as sale and not-sale. The ownership of the land or buildings that are not connected with the sale are extinguished. In the Urban Development Act, recompense area is a kind of developed land, which is the land that is given to the project developer to make up the cost of the project. The representative facility given to the project developer for the purpose of procuring the project cost in the redevelopment project is the general installment apartment. It can be seen as a concept corresponding to recompense area in the Urban Development Act. The former Urban Redevelopment Act and the existing Urban Development Act require public facilities(or maintenance infrastructure) and urban planning facilities to be the contents of the maintenance plan. The school ground corresponds the public facilities in terms of connecting to the concept of public service in the Land Compensation Law and deciding the price of public facilities linked to gratuitous conveyance of maintenance infrastructure. The school ground should be sold to Provincial office of education without being assigned to the administrative office, and the land price will be paid to the project owner for the expenses of the business. In other words, the selling school ground to a third party except Provincial office of education should be prohibited strictly. If the redevelopment union as a business owner holds the land through acceptance for the implementation of the project, the land is reserved for public benefit projects and must receive special protection from the public law. So it should not bs permitted to mortgage, seizure, and auction against the school ground. Even if ownership of third party is valid, the ownership acquired by the redevelopment union during the project will be perished by the Procedural Remedies of Transfer Public Notification.