
Goguryeo Law Firm's 100 Questions and Answers on Land Compensation
Description
Book Introduction
Two years have already passed since the publication of “100 Questions and 100 Answers on Land Compensation.”
This book was not originally published as a legal interpretation or research paper, but as a guide to answer the questions of individual land expropriation recipients at land expropriation sites and to be used as a reference by the officers of the countermeasures committee for organizing and operating the committee.
Perhaps for this reason, the response to this book in the land acquisition field was so enthusiastic that the first edition was sold out and there was a flood of requests for additional publications.
Accordingly, the Goguryeo Land Compensation Research Institute of Law Firm formed a second editorial team and conducted a comprehensive review of the contents of the first edition before publishing this revised edition.
In the second edition, we actively criticized and suggested directions for legislative improvement for the laws and systems related to land expropriation that are significantly disadvantageous to the expropriated, and added legal texts and case law citations to ensure that the conclusions of each issue could be more clearly understood.
This book was not originally published as a legal interpretation or research paper, but as a guide to answer the questions of individual land expropriation recipients at land expropriation sites and to be used as a reference by the officers of the countermeasures committee for organizing and operating the committee.
Perhaps for this reason, the response to this book in the land acquisition field was so enthusiastic that the first edition was sold out and there was a flood of requests for additional publications.
Accordingly, the Goguryeo Land Compensation Research Institute of Law Firm formed a second editorial team and conducted a comprehensive review of the contents of the first edition before publishing this revised edition.
In the second edition, we actively criticized and suggested directions for legislative improvement for the laws and systems related to land expropriation that are significantly disadvantageous to the expropriated, and added legal texts and case law citations to ensure that the conclusions of each issue could be more clearly understood.
index
Chapter 1.
The beginning of public service
001 How does public service work? 17
002 What is the Business Recognition Notice? 20
003 How should we respond to strategic environmental impact assessments? 23
Should we form a 004 countermeasures committee? 25
How should the 005 Countermeasures Committee be organized? 26
What activities should the 006 Countermeasures Committee undertake? 29
Can't we cancel the 007 project? 41
008 Can the next steps in the business process be blocked? 43
Chapter 2.
Compensation procedures
009 How does the compensation process work? 47
010 What's the difference between negotiating and moving to the acceptance stage? 54
011 Can I appeal the compensation awarded by the acceptance decision? 56
012 Can only some of the co-owners or heirs raise an objection? 57
013 When and how will I receive my compensation? 58
014 What is a reservation of objection? 58
015 I want to dispute the acceptance decision. Can I still receive the full amount of compensation?
016 How do I withdraw my deposit? 60
017 Is it necessary to establish a compensation council? 62
018 Composition of the Compensation Council, contents of discussions, etc. 63
019 The Need for a Compensation Council 64
020 How should I respond to the project operator's obstruction survey? 65
021 Is it mandatory to select a resident-recommended real estate appraiser?
022 How do I recommend a resident-recommended real estate appraiser? 68
023 Which real estate appraiser would you recommend? 69
024 Can national and public lands be excluded when calculating the area for selecting a resident-recommended real estate appraiser?
025 Can a resident recommend more than one real estate appraiser?
026 Can owners of obstructions and those eligible for compensation also recommend appraisers?
027 Can I know the appraisal amount before the project operator notifies me?
What does it mean when appraisers say their valuations are within a 10% range?
Chapter 3.
Calculation of compensation
Section 1 Compensation Principle
029 Land Compensation: What Principles Should Be Observed?
030 They say they will give the compensation in the form of bonds.
What is bond compensation? 88
031 What is land compensation? 92
032 What are the non-resale and prepayment provisions? 93
033 Will the capital gains tax deduction be eliminated when joining a real estate cooperative?
034 Can I apply for compensation after receiving a decision on acceptance? 96
Section 2 Land Compensation
035 How is land compensation calculated? 97
036 Will I be compensated at the assessed value or market value? 98
037 What is the difference between the standard land price and the individual land price?
It has been designated as a 038 development area and will soon receive compensation.
If I file an objection to the annual land price announcement and raise it, will I receive a large compensation amount?
039 The designation is not 'land', but there is a building on the land.
Can I be compensated with "Land"? 102
040 The land register designation is ‘forest land’, but it is being used as ‘farmland’.
Can I receive compensation for my "farmland"? 104
041 Only a portion of the total land is acquired, leaving some land remaining.
Can I ask you to accept all of them? 105
042 I am using multiple parcels of land as if they were one parcel, but the land unit price for each parcel is different.
Isn't the evaluation wrong? 107
043 The government is said to be lifting development restrictions and building apartments.
Will landowners receive compensation for their land once the development restriction zone is lifted? 109
044 Part of the land is being used as a road.
How do I get compensation for my current road? 110
045 The land is a blind spot on the cadastral map, but there is a road there.
Are you considered a blind person? 112
046 How are the landfills and waterways compensated? 113
Section 3 Compensation for buildings, etc.
047 How are buildings, etc. compensated? 114
048 Are unlicensed and illegal structures eligible for compensation? 115
049 How do I get compensation for missing items? 117
050 What should I do if part of the obstacle remains? 117
What does it mean to be included in land compensation?
052 What are the compensation standards for lost trees (both ornamental and ornamental)?
053 How are graves and stone monuments compensated? 121
054 Can I take the items and trees I received as compensation? 121
Section 4: Business (Closed)? Farming Compensation
055 What are the standards for payment of business (or temporary closure) compensation?
056 What compensation can I receive if I go out of business? 123
057 Can I receive business compensation with just a business registration certificate? 126
058 Can I receive compensation even if I operate in an unlicensed or illegal building? 127
Can I receive compensation if I take over the business after the 059 standard date?
060 How is loss of rental income compensated? 128
061 What happens if I transfer before receiving my compensation? 129
062 What are the payment standards for agricultural compensation (agricultural loss)?
063 Are the compensation standards for rent concentrations the same? 132
064 Can flower growers also receive agricultural compensation? 132
065 How is compensation for livestock farming handled? 133
Section 5 Immigration Measures
066 What are migrant housing, migrant housing, and migrant settlement funds?
067 What are the criteria for selecting applicants for the immigration program? 135
068 When is the selection date for immigration policy recipients?
069 Can tenants also be eligible for relocation assistance? 138
070 If a couple owns and lives in a residential building, each with half of the property, are there two residential lots?
071 How much is the immigration settlement fee? 140
072 Who gets the moving expenses, and how much? 141
073 Whether claims such as housing relocation expenses are inherited 148
074 I lived in a neighborhood living facility or unlicensed building. Can I receive relocation expenses? 149
075 It was agreed to receive only 5 million won in relocation expenses from the business operator,
I wrote up an agreement.
Can I get more money? 149
Section 6: Living Measures
076 What is a Living Expenses Form? 151
077 Can I receive a rental housing subsidy? 153
078 Why aren't livelihood assistance plans provided for road projects? 154
079 What is the maximum area that can be supplied as a living expenses plan? 155
Can the 080 Living Expenses Form be resold? 155
081 When will the Living Expenses Form be supplied? 156
082 What are the Resident Support Measures? 157
Section 7 Land for transfer by agreement
083 What is a negotiated transfer of land? 162
084 What is the price of immigrant housing, immigrant housing, land for livelihood assistance, and land for negotiated transfer? 164
085 Can I choose the location and area of my immigrant housing, living-use plan, or negotiated transfer housing?
Section 8 Other Compensation 166
086 I want to receive compensation quickly, but the public service project has stopped.
What should I do (delay penalty)? 166
087 Can I receive compensation for the two-axis right? 167
Is there separate compensation for graves?
089 What is a redemption right? 169
Chapter 4.
duty
090 Do I have to pay capital gains tax when acquiring land? 173
091 How is capital gains tax calculated? 174
092 Do I still have to pay capital gains tax on compensation for residual land? 176
093 What is the reference date for capital gains tax reduction?
094 Are there any capital gains tax deductions for expropriated land? Are there any tax deferrals or reductions for debt compensation or land compensation? 177
Is there a tax deduction for capital gains on farmland acquired in 2008?
096 If I acquire agricultural land and then use it as a replacement for another agricultural land, will the capital gains tax be reduced? 180
097 Does the requirement for one-home ownership and residency per generation still apply in cases of acceptance?
098 Is acquisition tax reduced when acquiring farmland or other real estate with land compensation? 181
099 What are the taxes when inheriting or gifting land compensation? 182
Is there a reduction in capital gains tax if land or buildings are acquired before the 100 development restriction zone is designated?
The beginning of public service
001 How does public service work? 17
002 What is the Business Recognition Notice? 20
003 How should we respond to strategic environmental impact assessments? 23
Should we form a 004 countermeasures committee? 25
How should the 005 Countermeasures Committee be organized? 26
What activities should the 006 Countermeasures Committee undertake? 29
Can't we cancel the 007 project? 41
008 Can the next steps in the business process be blocked? 43
Chapter 2.
Compensation procedures
009 How does the compensation process work? 47
010 What's the difference between negotiating and moving to the acceptance stage? 54
011 Can I appeal the compensation awarded by the acceptance decision? 56
012 Can only some of the co-owners or heirs raise an objection? 57
013 When and how will I receive my compensation? 58
014 What is a reservation of objection? 58
015 I want to dispute the acceptance decision. Can I still receive the full amount of compensation?
016 How do I withdraw my deposit? 60
017 Is it necessary to establish a compensation council? 62
018 Composition of the Compensation Council, contents of discussions, etc. 63
019 The Need for a Compensation Council 64
020 How should I respond to the project operator's obstruction survey? 65
021 Is it mandatory to select a resident-recommended real estate appraiser?
022 How do I recommend a resident-recommended real estate appraiser? 68
023 Which real estate appraiser would you recommend? 69
024 Can national and public lands be excluded when calculating the area for selecting a resident-recommended real estate appraiser?
025 Can a resident recommend more than one real estate appraiser?
026 Can owners of obstructions and those eligible for compensation also recommend appraisers?
027 Can I know the appraisal amount before the project operator notifies me?
What does it mean when appraisers say their valuations are within a 10% range?
Chapter 3.
Calculation of compensation
Section 1 Compensation Principle
029 Land Compensation: What Principles Should Be Observed?
030 They say they will give the compensation in the form of bonds.
What is bond compensation? 88
031 What is land compensation? 92
032 What are the non-resale and prepayment provisions? 93
033 Will the capital gains tax deduction be eliminated when joining a real estate cooperative?
034 Can I apply for compensation after receiving a decision on acceptance? 96
Section 2 Land Compensation
035 How is land compensation calculated? 97
036 Will I be compensated at the assessed value or market value? 98
037 What is the difference between the standard land price and the individual land price?
It has been designated as a 038 development area and will soon receive compensation.
If I file an objection to the annual land price announcement and raise it, will I receive a large compensation amount?
039 The designation is not 'land', but there is a building on the land.
Can I be compensated with "Land"? 102
040 The land register designation is ‘forest land’, but it is being used as ‘farmland’.
Can I receive compensation for my "farmland"? 104
041 Only a portion of the total land is acquired, leaving some land remaining.
Can I ask you to accept all of them? 105
042 I am using multiple parcels of land as if they were one parcel, but the land unit price for each parcel is different.
Isn't the evaluation wrong? 107
043 The government is said to be lifting development restrictions and building apartments.
Will landowners receive compensation for their land once the development restriction zone is lifted? 109
044 Part of the land is being used as a road.
How do I get compensation for my current road? 110
045 The land is a blind spot on the cadastral map, but there is a road there.
Are you considered a blind person? 112
046 How are the landfills and waterways compensated? 113
Section 3 Compensation for buildings, etc.
047 How are buildings, etc. compensated? 114
048 Are unlicensed and illegal structures eligible for compensation? 115
049 How do I get compensation for missing items? 117
050 What should I do if part of the obstacle remains? 117
What does it mean to be included in land compensation?
052 What are the compensation standards for lost trees (both ornamental and ornamental)?
053 How are graves and stone monuments compensated? 121
054 Can I take the items and trees I received as compensation? 121
Section 4: Business (Closed)? Farming Compensation
055 What are the standards for payment of business (or temporary closure) compensation?
056 What compensation can I receive if I go out of business? 123
057 Can I receive business compensation with just a business registration certificate? 126
058 Can I receive compensation even if I operate in an unlicensed or illegal building? 127
Can I receive compensation if I take over the business after the 059 standard date?
060 How is loss of rental income compensated? 128
061 What happens if I transfer before receiving my compensation? 129
062 What are the payment standards for agricultural compensation (agricultural loss)?
063 Are the compensation standards for rent concentrations the same? 132
064 Can flower growers also receive agricultural compensation? 132
065 How is compensation for livestock farming handled? 133
Section 5 Immigration Measures
066 What are migrant housing, migrant housing, and migrant settlement funds?
067 What are the criteria for selecting applicants for the immigration program? 135
068 When is the selection date for immigration policy recipients?
069 Can tenants also be eligible for relocation assistance? 138
070 If a couple owns and lives in a residential building, each with half of the property, are there two residential lots?
071 How much is the immigration settlement fee? 140
072 Who gets the moving expenses, and how much? 141
073 Whether claims such as housing relocation expenses are inherited 148
074 I lived in a neighborhood living facility or unlicensed building. Can I receive relocation expenses? 149
075 It was agreed to receive only 5 million won in relocation expenses from the business operator,
I wrote up an agreement.
Can I get more money? 149
Section 6: Living Measures
076 What is a Living Expenses Form? 151
077 Can I receive a rental housing subsidy? 153
078 Why aren't livelihood assistance plans provided for road projects? 154
079 What is the maximum area that can be supplied as a living expenses plan? 155
Can the 080 Living Expenses Form be resold? 155
081 When will the Living Expenses Form be supplied? 156
082 What are the Resident Support Measures? 157
Section 7 Land for transfer by agreement
083 What is a negotiated transfer of land? 162
084 What is the price of immigrant housing, immigrant housing, land for livelihood assistance, and land for negotiated transfer? 164
085 Can I choose the location and area of my immigrant housing, living-use plan, or negotiated transfer housing?
Section 8 Other Compensation 166
086 I want to receive compensation quickly, but the public service project has stopped.
What should I do (delay penalty)? 166
087 Can I receive compensation for the two-axis right? 167
Is there separate compensation for graves?
089 What is a redemption right? 169
Chapter 4.
duty
090 Do I have to pay capital gains tax when acquiring land? 173
091 How is capital gains tax calculated? 174
092 Do I still have to pay capital gains tax on compensation for residual land? 176
093 What is the reference date for capital gains tax reduction?
094 Are there any capital gains tax deductions for expropriated land? Are there any tax deferrals or reductions for debt compensation or land compensation? 177
Is there a tax deduction for capital gains on farmland acquired in 2008?
096 If I acquire agricultural land and then use it as a replacement for another agricultural land, will the capital gains tax be reduced? 180
097 Does the requirement for one-home ownership and residency per generation still apply in cases of acceptance?
098 Is acquisition tax reduced when acquiring farmland or other real estate with land compensation? 181
099 What are the taxes when inheriting or gifting land compensation? 182
Is there a reduction in capital gains tax if land or buildings are acquired before the 100 development restriction zone is designated?
Publisher's Review
Two years have already passed since the publication of “100 Questions and 100 Answers on Land Compensation.”
This book was not originally published as a legal interpretation or research paper, but as a guide to answer the questions of individual land expropriation recipients at land expropriation sites and to be used as a reference by the committee members for organizing and operating the committee.
Perhaps for this reason, the response to this book in the land acquisition field was so enthusiastic that the first edition was sold out and there was a flood of requests for additional publications.
Accordingly, the Goguryeo Land Compensation Research Institute of Law Firm formed a second editorial team and conducted a comprehensive review of the contents of the first edition before publishing this revised edition.
In the second edition, we actively criticized and suggested directions for legislative improvement for the laws and systems related to land expropriation that are significantly disadvantageous to the expropriated. We also added legal texts and case law citations to ensure that the conclusions of each issue could be more clearly understood.
The items that have been significantly revised this time include lawsuits against standard land prices, resident-recommended appraisers, compensation for business operations and closures, relocation measures, and living measures.
In particular, we have clarified the theoretical basis of the relocation and living measures, which are part of indirect compensation, and have critically reviewed and supplemented the detailed contents of various guidelines of the Korea Land and Housing Corporation (LH), which are recognized as the standard for indirect compensation in various acceptance sites.
The addition of detailed and specific details, such as moving expenses for tenants and proof of actual residence, was due to the high demand in the field.
Meanwhile, we have significantly expanded the description by adding items related to the resident support measures under the Public Housing Special Act and LH's "Guidelines for Establishing Resident Livelihood Support Measures."
This policy, introduced two years ago in early 2022, contains groundbreaking provisions regarding the direction of indirect compensation for public housing districts, which are being designated as large-scale districts, such as Jeonga Street, mainly in the metropolitan area and other large cities.
However, the legislative content is still lacking and could even be evaluated as a legislative error in the core content. In addition, it is regrettable that the system has not been activated due to the lack of proper understanding of the system by both the project implementers and the recipients at the acceptance site, so we took the lead in raising this issue.
Despite its many shortcomings, our institute is deeply gratified that this book is becoming a reference work in the field.
We will continue to understand the needs of the reception field and repay your support through continuous research and revision.
This book was not originally published as a legal interpretation or research paper, but as a guide to answer the questions of individual land expropriation recipients at land expropriation sites and to be used as a reference by the committee members for organizing and operating the committee.
Perhaps for this reason, the response to this book in the land acquisition field was so enthusiastic that the first edition was sold out and there was a flood of requests for additional publications.
Accordingly, the Goguryeo Land Compensation Research Institute of Law Firm formed a second editorial team and conducted a comprehensive review of the contents of the first edition before publishing this revised edition.
In the second edition, we actively criticized and suggested directions for legislative improvement for the laws and systems related to land expropriation that are significantly disadvantageous to the expropriated. We also added legal texts and case law citations to ensure that the conclusions of each issue could be more clearly understood.
The items that have been significantly revised this time include lawsuits against standard land prices, resident-recommended appraisers, compensation for business operations and closures, relocation measures, and living measures.
In particular, we have clarified the theoretical basis of the relocation and living measures, which are part of indirect compensation, and have critically reviewed and supplemented the detailed contents of various guidelines of the Korea Land and Housing Corporation (LH), which are recognized as the standard for indirect compensation in various acceptance sites.
The addition of detailed and specific details, such as moving expenses for tenants and proof of actual residence, was due to the high demand in the field.
Meanwhile, we have significantly expanded the description by adding items related to the resident support measures under the Public Housing Special Act and LH's "Guidelines for Establishing Resident Livelihood Support Measures."
This policy, introduced two years ago in early 2022, contains groundbreaking provisions regarding the direction of indirect compensation for public housing districts, which are being designated as large-scale districts, such as Jeonga Street, mainly in the metropolitan area and other large cities.
However, the legislative content is still lacking and could even be evaluated as a legislative error in the core content. In addition, it is regrettable that the system has not been activated due to the lack of proper understanding of the system by both the project implementers and the recipients at the acceptance site, so we took the lead in raising this issue.
Despite its many shortcomings, our institute is deeply gratified that this book is becoming a reference work in the field.
We will continue to understand the needs of the reception field and repay your support through continuous research and revision.
GOODS SPECIFICS
- Date of issue: February 8, 2024
- Page count, weight, size: 188 pages | 151*224*25mm
- ISBN13: 9791130346649
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