노후 계획도시 특별법 (이론과 실무)

송현진

현재 법무법인 충정 건설･부동산분야 전문위원으로 근무하고 있다. 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 권위자이다. 현재 주택사업 분야의 오랜 업무 경험을 바탕으로 ‘정비사업팀’ 이외에 ‘신탁사 정비사업팀’을 회사 내에 조직하여 운영하면서 차별화된 서비스를 제공하고 있다.

제1장 총 칙
제 1 조 (목적) ··············································································································· 3
Ⅰ. 조문 취지 ········································································································ 3
Ⅱ. 조문 내용 ········································································································ 4
1. 입법 배경 ··································································································· 4
가. 주택 노후화로 인한 주민들의 삶의 질 저하 ······························· 4
나. 현행 도시정비제도의 한계 ······························································ 5
다. 도시기능 향상과 미래도시로 재창조 ············································ 5
2. 입법과정 및 제명 ····················································································· 6
3. 제정이유 및 주요내용 ············································································· 8
가. 제정이유 ······························································································ 8
나. 주요내용 ······························································································ 9
4. 구성체계 ··································································································· 14
가. 노후계획도시정비법령 ···································································· 14
나. 행정규칙 등 ······················································································ 14
다. 구성체계 ···························································································· 15
5. 노후계획도시정비사업의 절차 ····························································· 18
Ⅲ. 관련 법령 ······································································································ 19
제 2 조 (정의) ············································································································· 22
Ⅰ. 조문 취지 ······································································································ 23
Ⅱ. 조문 내용 ······································································································ 24
1. 노후계획도시 ··························································································· 24
가. 노후계획도시의 의의 ······································································ 24
나. 노후계획도시의 요건 ······································································ 24
2. 노후계획도시정비기본방침 ··································································· 28
3. 노후계획도시정비기본계획 ··································································· 29
4. 노후계획도시특별정비예정구역 ··························································· 30
5. 노후계획도시특별정비구역 ··································································· 30
6. 노후계획도시 정비사업 ········································································· 30
가. 「도시정비법」에 따른 재개발사업 및 재건축사업 ················ 30
나. 「주택법」에 따른 리모델링사업 ················································ 32
다. 「공공주택 특별법」에 따른 공공주택사업 ······························ 32
라. 「도시개발법」에 따른 도시개발사업 ········································ 33
마. 「국토계획법」에 따른 도시･군계획시설사업 ·························· 33
바. 「대도시권 광역교통 관리에 관한 특별법」 제2조제2호 각 목의
광역교통시설을 확충하기 위한 사업 ·········································· 33
사. 「국가통합교통체계효율화법」에 따른 복합환승센터 개발사업 34
아. 「스마트도시 조성 및 산업진흥 등에 관한 법률」에 따른
스마트도시건설사업 ········································································ 35
자. 「역세권의 개발 및 이용에 관한 법률」에 따른 역세권개발사업 35
차. 그 밖에 특별시장･광역시장･특별자치시장･특별자치도지사･시장
또는 군수가 노후계획도시정비기본계획의 시행에 필요하다고
인정하는 사업 ·················································································· 35
7. 토지등소유자 ··························································································· 35
Ⅲ. 관련 법령 ······································································································ 36
제 3 조 (다른 법률과의 관계) ················································································· 44
Ⅰ. 조문 취지 ······································································································ 44
Ⅱ. 조문 내용 ······································································································ 44
1. 다른 법률과의 관계 ··············································································· 44
2. 개별법의 「노후계획도시정비법」에의 부합 ··································· 45
Ⅲ. 관련 법령 ······································································································ 45

제2장 노후계획도시 정비를 위한 추진체계
제 4 조 (노후계획도시정비기본방침의 수립) ······················································· 47
Ⅰ. 조문 취지 ······································································································ 47
Ⅱ. 조문 내용 ······································································································ 48
1. 수립시점 ··································································································· 48
2. 수립 및 변경절차 ····