合理的인 不動産 政策樹立을 위한 地籍制度 改善方案에 관한 硏究 : 地籍不符合地 整理方案을 中心으로

지적불부합지 정리를 중심으로 지적제도 개선방안을 연구했다.

Rapid urbanization and increasing population has brought pressure to provide the measures for efficiently utilizing the limited resource of land. In this context, a cadastral system play an important role in making real estate policies. Korean cadastral system could not cope with the occasional occurrence of cadastral discrepancy because of the inherent technical and institutional inconsistencies from its establishment in 1910's. Therefore, the bad influence on social, administrative and economic aspects naturally increases as time passes.

There has been 3 times of governmental trials to resolve the cadastral discrepancy from 1979 but the attempts only left poor achievements because limited measures had been applied. It is not yet identified where and how much the discrepant areas are distributed. The results of the analyses applied in this research are summarized as follows: - Projects for cadastral discrepancy resolution do not have driving forces because they have been much dependent on governmental guidance.

- Discrepancy problems have easily been thought as chronic and troublesome civil affairs by the government officers in charge - Land owners in the problem areas are not co-operative because the resolution of discrepancy is considered the responsibility of the government and they can not accept changes of the areas and boundaries of their land parcels. - Current methodology that forces agreements between the concerned land owners hardly provides resolution of the discrepancy problem Therefore, the research suggests enactment of 「Special Act for Administration of Cadastral Discrepancy(provisional)」 to provide systematic fundamentals for the resolution of discrepant areas.

The act must provide legal basis of adjustment procedures such as i) a half of total land owners can apply to the government for administrative adjustment of cadastral discrepancy, ii) the new parcel boundaries should coincide with physical features on the terrain surface, iii) Compensation should be applied on the basis of registered areas when monetarily settling areal gains and losses between parcels, which enables the competent authorities to carry out adjustment projects with their own intentions. The new methodology should be different from the past that were much dependent on the agreements between interested parties.

However, it is essential to show why enactment and enforcement of the special law is essential for getting a wide band of support from legislative, judicial and administrative bodies, which requires knowledge of real figure and situation and analysis of the influence of cadastral discrepancy on governmental policy-making for real estate management and citizens' living.

The driving methodologies for discrepancy adjustment projects and the provisional legislation of 「Special Act for Administration of Cadastral Discrepancy」 should be prepared by the studies of cadastral research bodies and comparatively small scale pilot projects in the local regions are conducted on the basis of results of the studies. And then nation-wide projects should be launched and systematically carried out after effectuating the special act, which requires full active intention of the government for propelling those projects.