도시계획의 변경으로 인한 개발이익 환수 — 용도지역 상향을 중심으로 —

용도지역 상향에 따른 개발이익의 환수 필요성과 제도적 쟁점을 분석했다.

The country needs to flexibly adjust land use through changes in urban planning according to social development and industrial changes. When building permits are newly granted or building permit requirements are eased due to changes in urban planning, the objective use value of the land increases. It has become a subject of social debate whether it is reasonable for the development gains generated by this to belong only to the landowner. As a result, the contents of the subject, method, standard the return of development gains were determined through legislative policy. Korea has various development gains return systems under the public law.

They are public contribution, development levy, and reconstruction levy. Each system is operated individually, so there is a certain limit to the systematic return of development gains resulting from urban planning changes. In particular, in view of the gradual increase in demand for up-zoning, it is urgent to reorganize the system to properly return the development gains resulting from urban planning change. Under the current public law, the development gains return system recognizes a mutually complementary relationship in each phase and is similar in nature, so it is necessary to unify the conceptual system of development gains and link and reorganize each system.

The return of development gains due to urban planning changes is determined at the urban planning change phase in the case of public contribution and at the project completion phase in the case of development levy. In addition, the nature of development levy and reconstruction levy can be seen to be similar, considering that the development gains to be returned are derived from development of land, that is, the change in urban planning.

If so, the concept of development gains under the Development Gains Return Act is defined as the increase in land use value that belongs to the landowner or implementer of development project due to a change in urban planning or implementation of the development project for the target land. This is a reasonable adjustment of the conceptual elements of development gains. Based on this conceptual system, the concept of development gains returned as public contribution and reconstruction levy can also be determined and operated in an integrated manner.

This will help to increase the effectiveness of the development gains return system by establishing a simple, consistent and dense return network. Landowners can also get opportunities for various development projects that can be more easily accepted by society through the return of development gains.