도시개발법 해설

이론 판례 실무

이상균 , 송현진 저자(글)

진원북스 · 2024년 03월 22일 (1쇄 2006년 03월 25일)

책 소개

2006년 2월에 도시개발법에 관한 조문별 축조 해설서인 「도시개발법 해설」을 국내 최초로 출간된 후 개정 5판까지 발간하였고, 이번에 다시 개정판을 출간하게 되었습니다.
개정 5판 발간 이후 신설된 규정으로 제10조의2(보안관리 및 부동산투기 방지대책), 제11조의2(법인의 설립과 사업시행등), 제53조의2(개발이익의 재투자), 제65조의2(건축물의 존치 등), 제79조의2(벌칙)에 관한 내용을 추가하고, 그간 이루어진 도시개발법, 도시개발법 시행령, 도시개발법 시행규칙 및 도시개발업무지침의 개정사항을 모두 반영하였으며, 도시개발법의 취지와 내용을 보다 충실히 소개할 수 있도록 일부 내용을 보완하였습니다.

작가정보

저자(글) 이상균

이상균 변호사는 1996년 법무법인 충정에 입사하여 건설･부동산 업무를 중심으로 매년 100여 건 이상의 소송과 자문을 수행하고 있고, 2001년-2002년 일본 연수를 다녀왔으며, 2004년 파트너 변호사로 되었습니다.
이상균 변호사는 1997년 대우건설, 우성건설 등 국내 건설회사들이 외환위기로 인하여 어려운 경제상황에 처했을 때, 건설회사를 대리하여 분양대금 소송, 약속어음 소송, 재건축･재개발 관련 소송, 협력업체 부도 관련 소송, 퇴직금 관련 소송 등을 대리하는 한편 삼성화재, 삼성생명, 제일은행, 대우증권, 한국공항공사, 건영식품 등 회사와 채권회수에 어려움을 겪고 있는 일반 개인들을 대리하여 각종 분쟁사건을 담당하였습니다. 이러한 경험을 바탕으로 2004년 법인 내 최초로 산업부문 전문팀인 ‘건설･부동산팀’을 조직하였고, 대우건설을 비롯하여 한화건설, 삼성물산, 지에스건설, 대림산업, 현대건설 등 국내 대형 건설회사의 아파트, 건축, 토목, 플랜트 건설 관련 분쟁을 해결하였으며, 2009년 ‘대한민국 전문변호사 70인’에 선정되기도 하였습니다.

저자(글) 송현진

송현진 전문위원은 현재 법무법인 충정 건설･부동산분야 전문위원으로 근무하고 있습니다. 송현진 전문위원은 22여 년간 삼성물산 등 대기업 건설회사 법무팀에 근무하며 재개발, 재건축사업, 도시개발사업, 지역주택사업, 토목사업 등 다양한 건설관련 업무를 담당하였고 특히, 재개발, 재건축사업 등 주택건설분야에 있어서는 관련 업무를 20년 이상 수행하면서 20여권의 저서를 집필하였으며, 대한상사중재원에서 건설부동산분야 중재인 및 서울중앙지방법원 민사 연계조정위원으로 활동하면서 공인중개사, 주택관리사 부동산공법시험출제 등 전문지식을 갖춘 권위자로 이러한 경험을 살려 이 책을 집필하였습니다.
현재 송현진 전문위원은 주택사업 분야의 오랜 업무 경험을 바탕으로 ‘정비사업팀’ 이외에 ‘신탁사 정비사업팀’을 회사 내에 조직하여 운영하면서 차별화된 서비스를 제공하고 있습니다.

목차

• 제1장 총 칙
  제1조 (목적)····················································································· 3
  1. 목 적·························································································· 3
  2. 도시개발법의 제정이유, 주요골자 및 주요개정연혁·····························5
  3. 도시개발법령의 구성·····································································18
  4. 도시개발사업의 진행절차 개요······················································· 27
  5. 관련 판례····················································································32
  제2조 (정의)····················································································33
  1. 도시개발구역··············································································· 33
  2. 도시개발사업··············································································· 33
  3. 국토의 계획 및 이용에 관한 법률(약칭 ʻ국토계획법ʼ)과의 관계··········· 34
  4. 관련 판례····················································································38
  제2장 도시개발구역의 지정 등
  제3조 (도시개발구역의 지정 등)························································ 41
  1. 도시개발구역의 지정권자·······························································42
  2. 도시개발구역의 지정요청·······························································43
  3. 도시개발구역의 지정기준·······························································44
  4. 도시개발구역의 지정대상 지역 및 규모··········································· 46
  5. 도시개발구역의 지정절차·······························································53
  제3조의2 (도시개발구역의 분할 및 결합)············································60
  1. 도시개발구역 면적변경 등과의 구별················································60
  2. 도시개발구역의 분할·····································································60
  3. 도시개발구역의 결합·····································································61
  4. 결합개발의 경우 도시개발구역의 지정 대상 및 규모 등의 완화 특례·· 63
  5. 관련 판례····················································································63
  제4조 (개발계획의 수립 및 변경)·······················································67
  1. 일 반 론····················································································· 68
  2 ｜ 목 차
  2. 개발계획의 수립···········································································69
  3. 개발계획안의 공모········································································70
  4. 개발계획의 변경···········································································71
  5. 개발계획의 수립･변경과 토지소유자의 동의: 환지방식의 경우············ 71
  6. 도시개발법상 토지등소유자 동의요건이 요구되는 경우······················ 81
  7. 보론: 환지방식의 개발계획을 변경함에 있어 그 변경의 내용이
  도시개발구역의 면적을 확장하는 것인 경우 토지소유자의 동의 요건·· 83
  8. 법률 등의 위반자에 대한 행정처분················································· 85
  9. 관련 판례····················································································85
  10. 민원 회신례··············································································· 87
  제5조 (개발계획의 내용)···································································89
  1. 개발계획의 내용···········································································90
  2. 국토의 계획 및 이용에 관한 법률과의 관계····································· 92
  3. 도시개발구역을 지정한 후 단계적으로 개발계획을 수립하는 경우······· 92
  4. 330만 제곱미터 이상인 도시개발구역의 개발계획···························· 98
  5. 개발계획의 작성 기준 및 방법······················································· 98
  6. 개발계획의 내용 완화에 관한 특례: 법 제71조의2 제1항················ 104
  7. 민원 회신례···············································································105
  제6조 (기초조사 등)······································································· 113
  1. 기초조사의 내용·········································································113
  2. 필요한 자료의 제출 요청·····························································115
  제7조 (주민 등의 의견청취)·····························································116
  1. 도시개발구역 지정 또는 지정 요청 시 주민 등의 의견청취와
  반영의무··················································································· 116
  2. 주민 등의 의견청취를 하지 않아도 되는 경우································ 116
  3. 주민 의견청취를 위한 공람공고····················································117
  4. 공 청 회··················································································· 122
  5. 관련 판례·················································································· 124
  제8조 (도시계획위원회의 심의 등)··················································· 125
  1. 관계 행정기관의 장과의 협의 및 도시계획위원회의 심의················· 125
  2. 예외 1: 경미한 사항의 변경의 경우·············································· 126
  3. 예외 2: 지구단위계획에 따라 도시개발구역을 지정하는 경우··········· 126
  4. 국토교통부장관과의 협의·····························································127
  5. 민원 회신례···············································································128
  목 차 ｜ 3
  제9조 (도시개발구역지정의 고시 등)················································ 132
  1. 도시개발구역지정 및 개발계획수립의 고시 및 관계 서류의 공람······ 133
  2. 개발계획의 단계적 수립의 경우····················································136
  3. 국토교통부장관에게 통보·····························································136
  4. 고시의 효과···············································································136
  5. 민원 회신례···············································································139
  제10조 (도시개발구역 지정의 해제)··················································142
  1. 입법취지··················································································· 143
  2. 해제의제··················································································· 143
  3. 해제의제의 효과·········································································144
  4. 해제의 고시 및 공람···································································144
  5. 관련 판례·················································································· 145
  제10조의2 (보안관리 및 부동산투기 방지대책)·································· 146
  1. 입법취지··················································································· 147
  2. 관련 정보가 누설되지 않도록 필요한 조치를 취할 의무···················147
  3. 미공개정보의 타인 제공 또는 누설 금지········································148
  4. 지정권자의 투기방지대책 수립의무··············································· 149
  4 ｜ 목 차
  제3장 도시개발사업의 시행
  제1절 시행자 및 실시계획 등
  제11조 (시행자 등)········································································ 151
  1. 시행자 지정 등·········································································· 154
  2. 시행자의 변경 등······································································· 166
  3. 도시개발사업의 대행···································································170
  4. 도시개발사업 규약의 작성··························································· 171
  5. 시행규정의 작성·········································································172
  6. 도시개발구역 지정의 제안··························································· 174
  7. 시행자 지정요건 완화의 특례: 법 제71조의2 제1항························ 190
  8. 법률 등의 위반자에 대한 행정처분··············································· 190
  9. 관련 판례·················································································· 191
  10. 민원 회신례··············································································· 193
  제11조의2 (법인의 설립과 사업시행 등)··········································· 195
  1. 입법 취지·················································································· 196
  2. 공모 방식에 의한 민간사업자 선정 절차········································196
  3. 공모 방식이 아닌 방식에 의한 민간참여자 선정····························· 200
  4. 사업시행을 위한 협약의 체결·······················································202
  5. 공동출자법인의 설립, 구역지정 제안 및 시행자 지정 절차···············203
  6. 민간참여자의 이윤율 제한··························································· 204
  제12조 (도시개발사업시행의 위탁 등)···············································206
  1. 위탁의 의미···············································································206
  2. 공공시설 등의 위탁시행······························································ 206
  3. 토지매수업무 등의 위탁시행························································ 208
  4. 위탁 수수료···············································································208
  5. 신탁계약에 의한 시행································································· 210
  제13조 (조합 설립의 인가)······························································214
  1. 조합이 시행자로 되는 경우··························································214
  2. 조합설립 인가의 법적 성질··························································214
  3. 조합설립 인가의 요건································································· 214
  4. 조합설립 인가사항의 변경··························································· 220
  5. 법률 등의 위반자에 대한 행정처분··············································· 220
  6. 관련 판례·················································································· 221
  목 차 ｜ 5
  제14조 (조합원 등)········································································ 223
  1. 조합원 자격: 도시개발구역의 토지소유자·······································223
  2. 조합의 임원···············································································223
  제15조 (조합의 법인격 등)······························································225
  1. 조합설립의 등기·········································································225
  2. 조합원의 권리･의무···································································· 228
  3. 조합임원··················································································· 230
  4. 의결기관··················································································· 231
  5. 민법 중 사단법인에 관한 규정의 준용···········································234
  6. 관련 판례·················································································· 234
  제16조 (조합원의 경비 부담 등)······················································ 239
  1. 조합원의 경비 부담의무······························································ 239
  2. 부과금액의 결정과 총회의 의결····················································239
  3. 연체료 부담···············································································240
  4. 부과금 등의 징수 위탁과 체납처분의 예에 따른 징수······················240
  제17조 (실시계획의 작성 및 인가 등)···············································241
  1. 실시계획의 작성과 총회의 의결····················································241
  2. 실시계획의 인가·········································································242
  3. 실시계획의 변경과 폐지······························································ 248
  4. 법률 등의 위반자에 대한 행정처분··············································· 249
  5. 관련 판례·················································································· 249
  제18조 (실시계획의 고시)······························································· 250
  1. 실시계획의 고시와 일반인 공람····················································250
  2. 국토의 계획 및 이용에 관한 법률에 따른 도시･군관리계획
  결정의 고시 간주······································································· 251
  제19조 (관련 인･허가등의 의제)······················································ 252
  1. 관련 인･허가 등의 의제······························································ 254
  2. 해당 법률로 정하는 관계 서류의 제출···········································256
  3. 관계 행정기관과의 협의······························································ 257
  4. 농지전용 허가 의제···································································· 257
  5. 주택건설사업 등의 등록 의제·······················································258
  제20조 (도시개발사업에 관한 공사의 감리)······································· 259
  6 ｜ 목 차
  1. 감리자 지정 및 지도･감독··························································· 260
  2. 감리의 대상이 되는 도시개발사업·················································261
  3. 감리자의 업무············································································262
  4. 공사감리비················································································ 263
  5. 감리자의 주의의무와 책임··························································· 263
  6. 건설기술 진흥법의 준용······························································ 263
  7. 도시개발업무지침의 감리 관련 규정··············································264
  8. 예외: 건축법, 주택법에 따른 감리대상의 경우 해당 법령의 적용······ 264
  제21조 (도시개발사업의 시행 방식)··················································265
  1. 도시개발사업의 시행방식·····························································265
  2. 시행방식의 변경·········································································270
  제21조의2 (순환개발방식의 개발사업)·············································· 271
  1. 순환개발방식의 의의···································································272
  2. 순환개발방식에 의해 보호되는 세입자 또는 소유자·························272
  3. 순환용주택의 임시 거주······························································ 272
  4. 순환용주택의 분양 또는 계속 임대··············································· 273
  5. 환지대상에서의 제외 및 이주대책 수립의 간주·······························274
  6.도시 및 주거환경정비법의 순환정비방식과의 비교······························ 274
  목 차 ｜ 7
  제21조의3 (세입자등을 위한 임대주택 건설용지의 공급 등)················ 276
  1. 임대주택 건설용지 또는 임대주택의 공급······································ 276
  2. 임대주택 건설용지 또는 임대주택의 인수······································ 278
  3. 임대주택을 건설･공급하는 경우 임차인의 선정기준 등···················· 279
  4. 도시개발구역의 지정 대상 및 규모 등 적용요건 완화의 특례··········· 280
  제21조의4 (도시개발사업분쟁조정위원회의 구성 등)···························281
  1. 도시개발사업분쟁조정위원회의 설치··············································281
  2. 도시 및 주거환경정비법에 의한 도시분쟁조정위원회······················· 282
  제2절 수용 또는 사용의 방식에 따른 사업 시행
  제22조 (토지등의 수용 또는 사용)··················································· 283
  1. 수용 또는 사용의 의미································································284
  2. 수용 또는 사용에 필요한 토지 소유자 동의··································· 284
  3. 공익사업을 위한 토지 등의 취득 및 보상에 관한
  법률(약칭 ʻ토지보상법ʼ)의 준용····················································· 287
  4. 법률 등의 위반자에 대한 행정처분··············································· 288
  5. 수용 또는 사용방식에 의한 민간 도시개발사업 사례······················· 288
  제23조 (토지상환채권의 발행)························································· 290
  1. 토지상환채권의 발행과 그 규모····················································290
  2. 토지상환채권의 발행과 지급보증·················································· 291
  3. 발행계획서의 작성 및 지정권자의 승인········································· 292
  4. 토지상환채권 발행의 방법･절차･조건 등········································292
  5. 법률 등의 위반자에 대한 행정처분··············································· 294
  제24조 (이주대책 등)····································································· 295
  1. 시행자의 이주대책의 수립･시행 의무············································ 295
  2. 이주대책··················································································· 295
  3. 공장의 이주대책·········································································302
  4. 이주대책에 관한 업무의 위탁·······················································303
  5. 보상협의회의 설치······································································306
  6. 법률 등의 위반자에 대한 행정처분··············································· 306
  7. 관련 판례·················································································· 306
  제25조 (선수금)·············································································314
  1. 선 수 금··················································································· 314
  2. 선수금을 받기 위한 요건·····························································314
  8 ｜ 목 차
  3. 담보제공의 금지·········································································315
  4. 선수금의 환불을 위한 보증서 등의 사용········································315
  5. 법률 등의 위반자에 대한 행정처분··············································· 316
  제25조의2 (원형지의 공급과 개발)···················································317
  1. 원형지의 의의············································································318
  2. 원형지 면적의 제한···································································· 318
  3. 원형지개발자············································································· 318
  4. 원형지의 공급과 개발의 절차 등·················································· 320
  5. 원형지의 매각제한······································································321
  6. 지정권자의 원형지 공급 승인의 취소 등········································321
  7. 시행자의 원형지 공급계약 해제····················································322
  제26조 (조성토지등의 공급 계획)·····················································323
  1. 조성토지등의 의미······································································323
  2. 조성토지등의 공급계획 작성 및 지정권자의 승인····························323
  3. 조성토지등의 공급방법 등··························································· 325
  4. 기타 조성토지등의 매각방법 등····················································331
  제27조 (학교 용지 등의 공급가격)··················································· 336
  1. 학교 용지 등의 공급가격·····························································336
  2. 지역특성화 사업 유치 등 도시개발사업의 활성화를 위하여
  필요한 경우의 공급가격······························································ 337
  3. 감정가격 이하로 조성토지등을 공급할 수 있는 시설에 대한
  공급가격의 기준········································································· 338
  4. 관련 판례·················································································· 339
  목 차 ｜ 9
  제3절 환지 방식에 의한 사업 시행
  제28조 (환지 계획의 작성)······························································341
  1. 환지방식에 의한 사업································································· 342
  2. 환지계획의 작성·········································································343
  3. 환지계획의 기준·········································································348
  4. 관련 판례·················································································· 363
  제29조 (환지계획의 인가 등)···························································367
  1. 환지계획의 인가·········································································367
  2. 환지계획의 변경과 인가······························································ 368
  3. 통지 및 공람절차······································································· 368
  4. 이해관계인의 의견서 제출과 시행자의 반영 및 통보의무················· 370
  5. 법률 등의 위반자에 대한 행정처분··············································· 371
  6. 관련 판례·················································································· 371
  제30조 (동의 등에 따른 환지의 제외)···············································375
  1. 환지를 정하지 않을 수 있는 경우: 토지 소유자의 신청이나 동의······375
  2. 환지를 정하지 아니할 토지에서의 제외········································· 375
  3. 환지를 정하지 아니하기로 결정된 토지의 사용 또는 수익 정지········ 376
  4. 청산금의 교부············································································376
  제31조 (토지면적을 고려한 환지)·····················································377
  1. 과소토지의 방지·········································································377
  2. 과소토지의 기준이 되는 면적·······················································378
  3. 청산금의 교부 또는 징수·····························································379
  제32조 (입체환지)··········································································380
  1. 입체환지의 의미·········································································380
  2. 입체환지 신청대상에서 제외할 수 있는 경우··································381
  3. 실시계획 내용 등의 통지 및 공고·················································382
  4. 입체환지의 신청과 주택의 공급····················································382
  5. 도시개발업무지침의 규정·····························································383
  6. 관련 판례·················································································· 384
  제32조의2 (환지 지정 등의 제한)···················································· 387
  1. 청산 또는 환지지정의 제한··························································387
  2. 관보 또는 공보에 의한 고시························································ 388
  10 ｜ 목 차
  제32조의3 (입체 환지에 따른 주택 공급 등)····································· 389
  1. 인가된 환지계획에 따른 공급·······················································390
  2. 인가된 환지계획에 따라 주택 등을 공급하고 남은 건축물의 공급····· 392
  3. 관련 판례·················································································· 396
  제33조 (공공시설의 용지 등에 관한 조치)·········································397
  1. 공공시설 용지에 대한 특칙 1: 환지계획 기준을 적용하지 아니함····· 397
  2. 공공시설 용지에 대한 특칙 2: 환지를 정하지 아니하고 다른 토지에
  대한 환지의 대상으로 함·····························································398
  3. 관련 판례·················································································· 399
  제34조 (체비지 등)········································································ 402
  1. 체비지와 보류지·········································································402
  2. 체비지 일부의 집단지정······························································ 403
  3. 체비지에 대한 소유권 취득··························································403
  4. 도시개발업무지침의 규정·····························································403
  5. 관련 판례·················································································· 404
  제35조 (환지예정지의 지정)···························································· 413
  1. 환지예정지의 지정······································································413
  2. 토지소유자 등에 대한 통지 및 공람절차:
  법 제29조 제3항 및 제4항의 준용··············································· 413
  3. 환지예정지 조서의 작성······························································ 414
  4. 법률 등의 위반자에 대한 행정처분··············································· 415
  5. 관련 판례·················································································· 415
  목 차 ｜11
  제36조 (환지 예정지 지정의 효과)··················································· 423
  1. 환지예정지 지정의 효력발생일····················································· 423
  2. 환지예정지 지정의 효과······························································ 423
  3. 장애물 등의 이전과 제거·····························································426
  4. 관련 판례·················································································· 426
  제36조의2 (환지 예정지 지정 전 토지 사용)····································· 432
  1. 환지예정지 지정 전 토지의 사용·················································· 433
  2. 환지계획에 따른 사용································································· 434
  3. 토지 또는 건축물의 공급 금지····················································· 434
  4. 기타 절차에 관한 규정································································434
  제37조 (사용･수익의 정지)······························································435
  1. 환지를 정하지 아니하기로 결정된 토지의 사용 또는 수익 정지········ 435
  2. 장애물 등의 이전과 제거·····························································435
  3. 30일 기간 이상의 통지······························································· 435
  4. 관련 판례·················································································· 436
  제38조 (장애물 등의 이전과 제거)··················································· 437
  1. 장애물 등을 이전하거나 제거할 수 있는 경우································ 438
  2. 장애물 등 이전･제거에 대한 허가·················································438
  3. 소유자 등에 대한 통지 등··························································· 440
  4. 손실보상··················································································· 441
  5. 관련 판례·················································································· 442
  제39조 (토지의 관리 등)·································································445
  1. 사용･수익이 정지된 토지 등의 관리··············································445
  2. 환지예정지 또는 환지 표지의 설치··············································· 445
  3. 표지의 훼손 금지······································································· 446
  4. 관련 판례·················································································· 446
  제40조 (환지처분)··········································································448
  1. 공사완료의 공고와 공람절차························································ 449
  2. 준공검사의 신청·········································································450
  3. 환지처분··················································································· 450
  4. 법률 등의 위반자에 대한 행정처분··············································· 452
  5. 관련 판례·················································································· 452
  제41조 (청산금)·············································································459
  12 ｜ 목 차
  1. 과부족분에 대한 금전청산··························································· 459
  2. 청산금의 결정시기······································································460
  3. 청산금의 확정············································································461
  4. 관련 판례·················································································· 461
  제42조 (환지처분의 효과)······························································· 470
  1. 원칙 1: 환지계획에 따른 환지····················································· 470
  2. 원칙 2: 환지계획에서 환지를 정하지 않은 종전 토지에 관한
  권리의 소멸···············································································471
  3. 예외 1: 행정상 처분이나 재판상의 처분으로서 종전의 토지에
  전속(專屬)하는 것인 경우···························································· 471
  4. 예외 2: 종전의 토지에 설정된 지역권의 경우································ 471
  5. 토지의 공유지분 취득································································· 471
  6. 체비지, 보류지의 취득································································ 472
  7. 청산금의 확정············································································472
  8. 관련 판례·················································································· 472
  제43조 (등기)················································································486
  1. 환지처분 공고 후 14일 이내 등기 신청·········································486
  2. 대법원규칙에 따른 등기······························································ 486
  3. 다른 등기의 금지······································································· 487
  4. 법률 등의 위반자에 대한 행정처분··············································· 488
  5. 관련 판례·················································································· 488
  제44조 (체비지의 처분 등)······························································492
  1. 체비지의 처분 및 관리 방법························································ 492
  2. 시행자가 행정청인 경우 ·····························································493
  3. 학교, 폐기물처리시설 등을 설치하기 위하여 조성토지등을
  공급하는 경우············································································494
  4. 국가 등이 지역특성화 사업 유치 등 도시개발사업의 활성화 필요에
  의해 공급하는 경우···································································· 495
  5. 관련 판례·················································································· 497
  제45조 (감가보상금)·······································································499
  1. 감가보상금의 의미······································································499
  2. 감가보상금의 지급기준································································499
  제46조 (청산금의 징수･교부 등)
  1. 청산금의 징수 또는 교부의 시기·················································· 500
  목 차 ｜ 13
  2. 청산금의 징수 또는 교부의 방법·················································· 501
  3. 관련 판례·················································································· 502
  제47조 (청산금의 소멸시효)···························································· 506
  1. 5년의 소멸시효·········································································· 506
  2. 소멸시효 기산일·········································································506
  3. 관련 판례·················································································· 506
  제48조 (임대료 등의 증감청구)························································509
  1. 임대료 등의 증감청구권······························································ 509
  2. 임대료 등 증감청구권의 포기 또는 계약의 해지····························· 509
  3. 임대료 등 증감청구권의 행사기한·················································509
  제49조 (권리의 포기 등)·································································510
  1. 임차권 등의 포기 또는 계약의 해지··············································510
  2. 시행자에 대한 손실보상청구권····················································· 510
  3. 손실을 보상한 시행자의 구상권····················································511
  제4절 준공검사 등
  제50조 (준공검사)··········································································512
  1. 준공검사 일반론·········································································512
  2. 준공인가의 절차·········································································515
  3. 부분 준공검사············································································519
  4. 준공검사의 거부·········································································520
  제51조 (공사 완료의 공고)······························································524
  1. 공사완료 공고············································································524
  2. 공사완료 공고와 공람과의 구분····················································525
  제52조 (공사 완료에 따른 관련 인･허가등의 의제)···························· 527
  1. 인･허가의 의제·········································································· 527
  2. 관련서류의 제출 및 협의·····························································528
  제53조 (조성토지등의 준공 전 사용)················································ 529
  1. 준공 전 사용금지원칙································································· 529
  2. 준공 전 사용허가······································································· 530
  제53조의2 (개발이익의 재투자)······················································· 533
  14 ｜ 목 차
  1. 개발이익의 재투자······································································533
  2. 개발이익의 회계처리 등······························································ 534
  제4장 비용 부담 등
  제54조 (비용 부담의 원칙)······························································535
  1. 시행자 부담의 원칙···································································· 535
  제55조 (도시개발구역의 시설 설치 및 비용부담 등)···························537
  1. 시설의 설치의무자······································································537
  2. 시설의 설치비용·········································································538
  3. 시설설치시기············································································· 539
  4. 시설의 설치범위 및 설치대행·······················································539
  목 차 ｜ 15
  제56조 (지방자치단체의 비용 부담)··················································541
  1. 지방자치단체의 비용 부담··························································· 541
  제57조 (공공시설 관리자의 비용 부담)············································· 544
  1. 공동구 설치의무자의 비용부담····················································· 544
  제58조 (도시개발구역 밖의 기반시설의 설치비용)······························546
  1. 설치비용··················································································· 547
  2. 이익을 받은 지자체, 공공시설 관리자의 비용부담···························549
  3. 조정 신청·················································································· 549
  4. 비용부담 납부통지서···································································550
  5. 가산금의 징수············································································550
  6. 추징 및 환급············································································· 550
  제59조 (보조 또는 융자)·································································552
  1. 보조 또는 융자·········································································· 552
  2. 보조 및 융자 등이 필요한 이유····················································553
  제60조 (도시개발특별회계의 설치 등)···············································554
  1. 도시개발특별회계의 설치 등························································ 554
  제61조 (특별회계의 운용)······························································· 557
  1. 특별회계의 운용·········································································557
  제62조 (도시개발채권의 발행)························································· 561
  1. 도시개발채권의 발행···································································561
  제63조 (도시개발채권의 매입)························································· 566
  1. 도시개발채권의 매입···································································566
  16 ｜ 목 차
  제5장 보 칙
  제64조 (타인 토지의 출입)······························································585
  1. 타인 토지 출입･사용의 목적························································ 586
  2. 타인 토지 출입･사용절차(출입허가→출입통지)······························· 586
  3. 일시사용 및 장애물 변경 등의 동의··············································587
  4. 행위의 제한···············································································588
  제65조 (손실보상)··········································································592
  1. 손실보상··················································································· 592
  2. 손실보상의 절차·········································································595
  3. 토지보상법의 준용······································································614
  제65조의2 (건축물의 존치 등)·························································621
  1. 건축물의 존치············································································621
  2. 존치부담금················································································ 622
  제66조 (공공시설의 귀속 등)···························································625
  1. 공공시설의 귀속 등···································································· 626
  제67조 (공공시설의 관리)······························································· 636
  1. 공공시설의 관리·········································································636
  제68조 (국공유지의 처분 제한 등)··················································· 638
  1. 국･공유지의 처분제한 등·····························································638
  제69조 (국공유지 등의 임대)···························································640
  1. 국･공유지 등의 임대···································································640
  제70조 (수익금 등의 사용 제한 등)··················································642
  1. 수익금 등의 사용 제한 등··························································· 642
  목 차 ｜ 17
  제71조 (조세와 부담금 등의 감면 등)···············································643
  1. 조세와 부담금 등의 감면 등························································ 643
  제71조의 2 (결합개발 등에 관한 적용 기준 완화의 특례)··················· 645
  1. 결합개발 등에 관한 적용 기준 완화의 특례··································· 646
  제72조 (관계서류의 열람 및 보관 등)···············································652
  1. 관계서류의 열람 및 보관 등························································ 652
  제73조 (권리의무의 승계)······························································· 657
  1. 권리의무의 승계·········································································657
  제74조(보고 및 검사 등)·································································659
  1. 보고 및 검사 등·········································································659
  2. 위반시 필요한 조치···································································· 661
  제75조 (법률 등의 위반자에 대한 행정처분)····································· 663
  1. 법률 등의 위반자에 대한 행정처분··············································· 664
  제76조 (청문)················································································667
  1. 청 문······················································································ 667
  제77조 (행정심판)··········································································668
  1. 행정심판··················································································· 668
  제78조 (도시개발구역 밖의 시설에 대한 준용)·································· 669
  1. 도시개발구역 밖의 시설에 대한 준용············································ 669
  제79조 (위임 등)··········································································· 670
  1. 권한의 위임 및 재위임································································670
  2. 위임 또는 재위임된 경우 의결····················································· 670
  18 ｜ 목 차
  제6장 벌 칙
  제79조의2 (벌칙)··········································································· 673
  1. 5년 이하의 징역 등···································································· 673
  2. 몰수 또는 추징·········································································· 674
  제80조 (벌칙)················································································675
  제81조 (벌칙)················································································675
  제82조 (벌칙)················································································675
  1. 3년 이하의 징역 또는 3천만원 이하의 벌금·································· 675
  2. 2년 이하의 징역 또는 2천만원 이하의 벌금·································· 676
  3. 1년 이하의 징역 또는 1천만원 이하의 벌금·································· 676
  제83조 (양벌규정)··········································································677
  1. 양벌규정··················································································· 677
  제84조 (벌칙 적용 시 공무원 의제)··················································679
  1. 벌칙적용에 있어서 공무원 의제····················································679
  제85조 (과태료)·············································································683
  1. 과 태 료··················································································· 683
  ◈ 부 록
  ◎ 도시개발업무지침······································································· 691
  ◎ 도시개발사업 표준정관································································779
  ◎ ○○구역 도시개발사업조합 정관(샘플)··········································793
  ◈ 판례색인···················································································801
  ◈ 사항색인···················································································804

기본정보

ISBN	9791198539267
발행(출시)일자	2024년 03월 22일 (1쇄 2006년 03월 25일)
쪽수	832쪽
크기	199 * 264 * 44 mm / 1797 g
총권수	1권

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