도시개발법 해설(6판)(양장본 Hardcover)

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 ?국토계획법?)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 ?토지보상법?)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)········································

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.