체비지에 대한 물권 유사의 권리의 공법적 해석

A chebiji or “Land for Project Cost” refers to a land for disposal designated within the project area to cover the project cost of a land readjustment project or an urban development project based on the replotting method. The former(now abolished) 「Land Readjustment Project Act」 did not provide specific regulations regarding the Purchaser’s rights concerning the Land for Project Cost before the Replotting Disposition. The 「Land Readjustment Project Act」 also did not provide how (i.e., the specific procedures) and when the Purchaser acquires the ownership of the land. At the time, it was common practice to build large-scale apartment complex on the Land for Project Cost, sell the apartment units, and complete the move-in before the Purchaser acquired the ownership of the land through a Replotting Disposition. In the 1970s, when addressing the demand for housing caused by rapid urbanization was a priority, it was even encouraged to build large-scale multi-unit housing complex on a Land for Project Cost and move in the purchaser of the apartment units into the apartments as soon as possible. Eventually, in 1988, the Supreme Court embraced the existing practice and confirmed that the rights exercised by the Purchaser of a Land for Project Cost until he or she acquired the ownership of the land were similar to property rights. Starting with the above Supreme Court decision that recognized de facto property rights of the Purchaser, the court consistently recognized such rights of the Purchaser. As a result, the practice of the Purchaser of the Land for Project Cost in development projects exercising rights equivalent to ownership by actively using the such land even before acquiring its ownership became further stabilized and established. With the enactment of the「Urban Development Act」 in 2000, Article 42(5) of the same stipulated that, if the Land for Project Cost is sold before the Replotting Disposition, the Purchaser would acquire its ownership only after receiving the registration of transfer of ownership after the Replotting Disposition. Due to the above new regulations, questions began to be raised as to whether the rights held by the Purchaser under the former (now abolished) 「Land Readjustment Project Act」 until he or she acquired the ownership of the land would no longer be recognized under the newly enacted 「Urban Development Act」. The main reason for the confusion regarding the legal status of the Purchaser of the “Land for Project Cost” under Article 42(5) of the 「Urban Development Act」 is the lack of clear definition of the legal nature of the rights granted to the Purchaser of the Land for Project Cost. This is why, more than 20 years after the enactment of the 「Urban Development Act」, the debate continues as to whether or not the Purchaser of the Land for Project Cost possesses property rights under the current law. Whether the right of the Purchaser of the Land for Project Cost is a property right or merely a claim is a matter of legislative policy or an interpretation of the development project system. On this issue, this study intends to show that it is desirable to design a system so that the Purchaser of the Land for Project Cost is granted rights similar to property rights and the Purchaser can acquire the Land for Project Cost before Replotting Disposition.