| Title |
Legal Analysis and Enforcement Schemes of Through-Block-Connection under District Unit Plan |
| Authors |
김지엽(Kim, Jeeyeop) ; 안용진(Ahn, Yongjin) |
| DOI |
https://doi.org/10.5659/JAIK.2021.37.2.155 |
| Keywords |
Through-Block-Connection; Public Pedestrian Passage; District Unit Plan |
| Abstract |
This paper seeks to identify the legal concept and limitations of Block-Through-Connection under District Unit Plan, conducting the analysis
on legal theories and cases in Seoul. The results of the study are as follows. First, Block-Through-Connection limits the right to use and
make a profit from land property rights. However, it can be also viewed as general planning restrictions through the balance of public and
private interest due to the secured premise of floor area ratio incentives. Therefore, it merely gives the landowner a public legal obligation to
open the part to the public for 24 hours, rather than secures the right to use the part of the land. Second, there is a fundamental limit
because the National Land Utilization and Planning Act does not have a proper tool to enforce the property owner when he/she violates the
obligations. Third, in order to overcome the legal limitations, it is necessary to secure the legal right to use the part of private property
through the easement or partial air right under the Korea’s property law. |