Earticle

초록

영어

Article 23, Section 1 of Korean Constitution "The Property Right of all people is guaranteed'" means that the continuance guarantee of Property Right should take precedence over the guarantee of Value. Exceptively, the order of priority can be inverted by expropriation for public use. In these cases, however, the precondition of 'the Needs for Public' should be preceded. If this requirement isn't met, the order of guarantee should be put back again for the Continuance Guarantee of Property Right. For this, Korean law sets Repurchase Right. However, there are some limits about the exercise period of Repurchase Right and about the cases that the exercise of Repurchase Right is allowed. Korean Law also admits the restriction of exercise of Repurchase Right caused by the change of public utilities, and it is hard to see the law like this among other countries. Even the Constitutional Court as well as the Supreme court admits the necessity for the restriction of exercise of Repurchase Right. In this paper, some considerations are discussed which are needed to get the Repurchase Right System settled as effective ways to protect the Continuance Guarantee of Property Right

목차

< Abstract >
 Ⅰ. 서론
 Ⅱ. 재산권으로서의 환매권
  1. 환매권
  2. 비교적 검토
 Ⅲ. 공익사업의 변환과 존속보장의 위협
  1. 존속보장의 위협
  2. 공공필요에 대한 재검토의 필요성
 Ⅳ. 결론
 <참고문헌>

키워드

저자

• 박정일 [ Bak, Jeong-Il | 원광대학교 법학연구소 책임연구원 ] 제1저자
• 원종석 [ Won, Jong-Seok | 서해대학교 부동산컨설팅과 겸임교수 ] 교신저자

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  부동산경영 [Journal of the Korea Real Estate Management Review]

• 간기

  반년간

• pISSN

  2288-7393

• eISSN

  2713-8984

• 수록기간

  2010~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 321 DDC 330