노후 계획도시 특별법 (이론과 실무)

송현진

현재법무법인충정건설･부동산분야전문위원으로근무하고있다.22여년간삼성물산등대기업건설회사법무팀에근무하며재개발,재건축사업,도시개발사업,지역주택사업,토목사업등다양한건설관련업무를담당하였고특히,재개발,재건축사업등주택건설분야에있어서는관련업무를20년이상수행하면서20여권의저서를집필하였으며,대한상사중재원에서건설부동산분야중재인및서울중앙지방법원민사연계조정위원으로활동하면서공인중개사,주택관리사부동산공법시험출제등전문지식을갖춘권위자이다.현재주택사업분야의오랜업무경험을바탕으로‘정비사업팀’이외에‘신탁사정비사업팀’을회사내에조직하여운영하면서차별화된서비스를제공하고있다.

제1장총칙
제1조(목적)···············································································································3
Ⅰ.조문취지········································································································3
Ⅱ.조문내용········································································································4
1.입법배경···································································································4
가.주택노후화로인한주민들의삶의질저하·······························4
나.현행도시정비제도의한계······························································5
다.도시기능향상과미래도시로재창조············································5
2.입법과정및제명·····················································································6
3.제정이유및주요내용·············································································8
가.제정이유······························································································8
나.주요내용······························································································9
4.구성체계···································································································14
가.노후계획도시정비법령····································································14
나.행정규칙등······················································································14
다.구성체계····························································································15
5.노후계획도시정비사업의절차·····························································18
Ⅲ.관련법령······································································································19
제2조(정의)·············································································································22
Ⅰ.조문취지······································································································23
Ⅱ.조문내용······································································································24
1.노후계획도시···························································································24
가.노후계획도시의의의······································································24
나.노후계획도시의요건······································································24
2.노후계획도시정비기본방침···································································28
3.노후계획도시정비기본계획···································································29
4.노후계획도시특별정비예정구역···························································30
5.노후계획도시특별정비구역···································································30
6.노후계획도시정비사업·········································································30
가.「도시정비법」에따른재개발사업및재건축사업················30
나.「주택법」에따른리모델링사업················································32
다.「공공주택특별법」에따른공공주택사업······························32
라.「도시개발법」에따른도시개발사업········································33
마.「국토계획법」에따른도시･군계획시설사업··························33
바.「대도시권광역교통관리에관한특별법」제2조제2호각목의
광역교통시설을확충하기위한사업··········································33
사.「국가통합교통체계효율화법」에따른복합환승센터개발사업34
아.「스마트도시조성및산업진흥등에관한법률」에따른
스마트도시건설사업········································································35
자.「역세권의개발및이용에관한법률」에따른역세권개발사업35
차.그밖에특별시장･광역시장･특별자치시장･특별자치도지사･시장
또는군수가노후계획도시정비기본계획의시행에필요하다고
인정하는사업··················································································35
7.토지등소유자···························································································35
Ⅲ.관련법령······································································································36
제3조(다른법률과의관계)·················································································44
Ⅰ.조문취지······································································································44
Ⅱ.조문내용······································································································44
1.다른법률과의관계···············································································44
2.개별법의「노후계획도시정비법」에의부합···································45
Ⅲ.관련법령······································································································45

제2장노후계획도시정비를위한추진체계
제4조(노후계획도시정비기본방침의수립)·······················································47
Ⅰ.조문취지······································································································47
Ⅱ.조문내용······································································································48
1.수립시점···································································································48
2.수립및변경절차···················································································48
가.노후계획도시정비특별위원회의심의··········································48
나.기본방침의결정및고시등························································48
Ⅲ.관련법령····················