기부채납제도의 운영 실태와 법적,정책적 제언 -서울특별시 강동구와 강남구의 아파트재건축사업을 중심으로-

아파트 재건축사업의 기부채납 운영 실태와 법·정책 개선을 검토했다.

Land Donation is the institution of obligation in the field of the Urban Redevelopment such as Housing Reconstruction or Housing Redevelopment. In public, it is not considered the permission for the Urban Redevelopment without Land Donation. The law of Land Donation is unclear, however, Land Donation, which has been an obligation and a practice, is enforced based on ordinance of a local council and the policy or guidance of a local government by the leading of the public. According to the judicial branch, it is lawful in the case of Land Donation presupposes administrative benefits.

Still it draws a expansive conclusion if it is discussed in depth by the professionals as to contradiction of etymology and ambiguous legal definition of Land Donation. Being considered the effect of Land Donation about the Urban Redevelopment, it is necessary to revise the law clearly such as the National Property Act and the National Land Use Planning Law.