CEILINGS ON THE OWNERSHIP OF HOUSING SITES ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to stabilizing the housing situation of the nation through promoting the supply of housing sites and through leading people to fairly divide the available housing sites among themselves by means of prescribing ceilings on the ownership of housing sites.

Article 2(Definitions) #

For the purpose of this Act, the definitions of terms shall be as follows:

1. The term “housing sites” means the land of one of the following specifications:

(a) Land on which a house has been built (including the land attached to the said house);

(b) Land which has been categorized as a “site” according to the provisions of Article 5 of the Cadastral Act on which there has been constructed no permanent construction and which has been prescribed by the Presidential Decree(hereinafter referred to as a “site without construction on it”); and

(c) Housing sites to be developed in accordance with Article 15.

2. The term “house” means such a construction as has been built for the purpose of human dwelling: Provided, That in the case of a community of dwelling houses such as an apartment or a townhouse, the partitioned section for the exclusive use of one household shall be regarded as a house;

3. The term “household” means the head of a household (in the cases where one person constitutes one household) as shown on the resident registration card for each household as prescribed in the Resident Registration Act (hereinafter referred to as the “resident registration card for each household”) or to the head of a household together with the person(s) of one of the following specifications: Provided, That a person or persons who is or are registered on the same resident registration card for each household as the one for the head of a household but does or do not come under item (a) or (b) shall be regarded to make a separate household pursuant to such standards as prescribed by the Presidential Decree:

(a) The spouse or the lineal ascendant(s) of the head of a household who is or are registered on the same resident registration card for each household as the one for the said head of a household;

(b) The lineal ascendant(s), the lineal descendant(s), or the spouse, of the head of a household who is or are registered on the same resident registration card for each household as the one for the said head of a household; and

(c) The spouse or the lineal descendant(s) of less than 18 years old of the head of a household who is or are not registered on the same resident registration card for each household as the one for the said head of a household.

4. The term “charges on excessive ownership” means charges imposed and collected by the State against the housing sites owned in excess of the ceilings as prescribed in Article 7 or against the housing sites owned by a person who is prohibited to own housing sites pursuant to the provision of Article 8.

Article 3(Areas Subject to Application of This Act) #

This Act shall apply only to the housing sites located within the urban planning districts as prescribed in Article 2 of the Urban Planning Act: Provided, That a housing site, part of which is located outside of the urban planning district and which meets such standards as are prescribed by the Presidential Decree, shall be exempted from the application of this Act.

Article 4(Exemption from Application of This Act) #

This Act shall not apply to the housing sites owned by the State, by local governments, by the Korea Land Corporation, by the Korea Housing Corporation, or by such other government-invested institutions or public organizations as prescribed by the Presidential Decree. <Amended by Act No. 5109, Dec. 29, 1995>

Article 5(Obligation of State and Local Governments) #

The State and local governments shall continuously carry forward the supply of housing sites for stabilizing the housing situation of all the people of this nation.

Article 6(Obligation of People) #

The people of this nation shall try to efficiently utilize and develop housing sites which are the basis of their welfare and of the stabilization of housing situation.

Article 7(Ceilings on Ownership of Housing Sites) #

(1) Except for such cases as are prescribed otherwise in this Act, the ceilings on the housing sites which can be owned by all the members of one household (hereinafter referred to as the “ownership ceiling for each household”) shall be as follows: <Amended by Act No. 4796, Dec. 22, 1994; Act No. 5410, Aug. 30, 1997>

1. 660㎡ in case of housing sites located within the Special Metropolitan City and Metropolitan Cities;

2. 990㎡ in case of housing sites located within the areas (limited Dong areas) of cities other than those as prescribed in subparagraph 1; and

3. 1,320㎡ in case of the housing sites located within the areas other than those as prescribed in subparagraphs 1 and 2.

(2) In a case where the housing site owned by one household (hereinafter referred to as the “housing site of a household”) is located across two or more areas, among those as referred to in each subparagraph of paragraph (1), the ownership ceiling for the said household shall be calculated in accordance with the criteria prescribed below:

1. 1㎡ of housing site within the areas as prescribed in paragraph (1) 1 shall be regarded as the same as 1.5㎡ of housing site within the areas as prescribed in subparagraph 2 of the same paragraph, and as the same as 2㎡ of housing site within the areas as prescribed in subparagraph 3 of the same paragraph; and

2. 1㎡ of housing site within the areas as prescribed in paragraph (1) 2 shall be regarded as the same as 3/4㎡ of housing site within the areas as prescribed in subparagraph 3 of the same paragraph.

(3) In a case where a member or members of one household share ownership of a housing site with a person or persons who does or do not belong to the said household, the said member or members shall be regarded as owning the housing site of the size of his or their own share(s) (in a case where there is no indication about quotas, all quotas shall be regarded as being equal among themselves).

Article 8(Restriction on Ownership of Housing Sites of Juristic Persons) #

Except for such cases as prescribed otherwise in this Act, juristic persons (hereinafter, including corporations, foundations, and other organizations which do not have legal personality) shall not own housing sites.

Article 9(Calculation Methods of Sizes of Housing Sites) #

In a case where houses and buildings of complex uses, of dwelling and non-dwelling uses, have been constructed on a group of land, or where houses and buildings other than houses have been constructed on a group of land, etc., necessary matters concerning the calculation of the size of the housing site within the said group of land shall be prescribed by the Presidential Decree.

Article 10(Permission of Acquisition of Housing Sites) #

(1) In a case where an individual person wants to acquire housing sites in excess of the ownership ceiling for each household by means of a purchase, an exchange, an ownership transferral, or other kinds of contracts, or in a case where a juristic person wants to acquire housing sites by means of a contract, the individual or the juristic person shall obtain the permission for doing so from the competent head of Si/Gun/autonomous Gu (hereinafter referred to as the “head of Si/ Gun”) before the contract in question (hereinafter, including prearrangements) is concluded. This provision shall also apply to a case where alterations are sought on the permitted matters.

(2) A person who desires to get the license as prescribed in paragraph (1) shall submit to the head of Si/Gun the application form for the license filled out with such information as the present condition of his ownership of housing sites (including the present condition of the ownership, of housing sites, of the other members of his household), the lot number, land category, size, and present construction condition, etc. of the housing site desired to be acquired, and a written plan (hereinafter referred to as the “utilization plan”) concerning the ownership transferral and lotting out (hereinafter referred to as the “disposal”) or the use and development (hereinafter, including the case of lease), of the housing site desired to be acquired. In this case, the time period planned for the disposal or for the use and development of the housing site in question shall not exceed the time period allowed for the disposal or for the use and development as prescribed in Article 16 or 18.

(3) The head of Si/ Gun, upon receiving the application form for the permission as prescribed in paragraph (2), shall decide whether to give or not to give the license applied for within 25 days from the date on which the said application form has been received and shall either issue the license certificate or notify, in written form, the applicant of the reason(s) the permission in question is not to be given.

(4) The head of Si/Gun may recommend a modification or adjustment of the utilization plan as prescribed in paragraph (2) in a case where he has acknowledged the said utilization plan is to be in the way of the execution of a national territory development plan, urban development plans, or other plans for the utilization of land.

(5) In a case where neither the license certificate has been issued, nor the written notification of the reason(s) why the permission is not to be given has been made, within the period as prescribed in paragraph (3), the permission as prescribed in paragraph (1) shall be regarded as being issued on the day right after the expiration date of the said period. In this case, the head of Si/Gun shall issue the applicant the license certificate without any delay.

(6) Necessary matters relating to the procedures and the method of giving the permission as prescribed in paragraphs (1) through (5) shall be prescribed by the Presidential Decree.

(7) In a case where an individual or juristic person has obtained permission for the acquisition of housing sites as prescribed in paragraph (1), such individual or juristic person shall be regarded as having obtained permission on a land transaction contract as prescribed in Article 21-3 of the Act on the Utilization and Management of the National Territory, or as having made a report on a land transaction contract as prescribed in Article 21-7 of the same Act. <Newly Inserted by Act No. 5410, Aug. 30, 1997>

Article 10-2(Exclusion from Application of Permission on Acquisition of Housing Sites) #

In a case where a person who falls under one of the following subparagraphs acquires housing sites by means of a trust (limited to a trust prescribed by the Trust Act, which is accompanied by a trust registration), or a person who has created a trust desires to acquire the housing sites concerned by means of the termination or rescission for the future of such trust, the provisions of Article 10 shall not apply:

1. A trust company authorized pursuant to the provisions of Article 3 of the Trust Business Act;

2. A housing association authorized pursuant to the provisions of Article 44 of the Housing Construction Promotion Act; and

3. Any other person as prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5410, Aug. 30, 1997]

Article 11(Standards of Permission on Acquisition of Housing Sites for Individuals) #

(1) In a case where he has received an application for acquisition of a housing site from an individual as prescribed in Article 10, the head of Si/Gun may give the permission applied for only in one of the following cases:

1. In a case where the individual desires to acquire the housing site in question to construct buildings other than a house;

2. In a case where a businessman who runs the business of building housing sites or of building houses in order to dispose of or lease out the said houses desires to acquire the housing site in question for his business purposes mentioned above;

3. In a case where a person who does not own a housing site desires to acquire such a housing site on which a house has been built;

4. In a case where a businessman desires to acquire a housing site of a size not more than the standard size as prescribed by the Presidential Decree for the purpose of acquiring or constructing a company house, a dormitory, or a training camp for his employees; and

5. In a case where a housing site is desired to be acquired for any such purpose as is prescribed by the Presidential Decree.

(2) The scope of the businessmen as referred to in paragraph (1) 1 and 4, shall be prescribed by the Presidential Decree. <Amended by Act No. 5410, Aug. 30, 1997>

(3) The businessmen as referred to in paragraph (2) shall register themselves with the head of Si/Gun under the conditions as prescribed by the Ordinance of the Ministry of Construction and Transportation: Provided, That the same shall not apply with respect to the businessman who has obtained permission or authorization, etc., or made a report or registration, etc. pursuant to the provisions of the related Acts and subordinate statutes such as the Housing Construction Promotion Act, the Rental Housing Act, etc. from among businessmen as referred to in paragraph (1) 2. <Newly Inserted by Act No. 5410, Aug. 30, 1997>

(4) The businessman as referred to in the proviso of paragraph (1) 4, shall submit, to the head of Si/ Gun, written documents proving the fact that the housing site to be acquired will be used for the purpose of housing his employees under the conditions as prescribed by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5410, Aug. 30, 1997>

Article 12(Standards of Permission on Acquisition of Housing Sites for Juristic Persons) #

(1) In a case where he has received an application for a permission on the acquisition of housing sites made by a juristic person pursuant to the provision of Article 10, the head of Si/Gun may give the permission applied for only in one of the following cases:

1. In a case where a businessman desires to acquire a housing site of a size not more than the standard size as prescribed by the Presidential Decree for the purpose of acquiring or constructing a company house, a dormitory, or a training camp which is for housing his employees;

2. In a case where a businessman who runs the business of building housing sites or of building houses in order to dispose of or lease out the said houses, desires to acquire a housing site for his business purposes mentioned above;

3. In a case where a juristic person desires to acquire a housing site for the purpose of building constructions other than a house needed for the implementation of his business; and

4. In a case where housing sites are desired to be acquired for such other purposes as prescribed by the Presidential Decree.

(2) The scope of the businessmen as referred to in paragraph (1) 1 and 2 shall be prescribed by the Presidential Decree. <Amended by Act No. 5410, Aug. 30, 1997>

(3) The provisions of Article 11 (3) shall apply mutatis mutandis in case of a juristic person. <Newly Inserted by Act No. 5410, Aug. 30, 1997>

Article 13(Special Cases concerning Project Plan Approval, etc. under Other Acts and Subordinate Statutes) #

In a case where a housing site has been acquired with the approval (hereinafter, including authorization and permission) of a project plan for constructing houses or for preparing land obtained in accordance with the relevant provisions of the Housing Construction Promotion Act, the Urban Planning Act, or other related Acts and subordinate statutes, the permission on the acquisition of housing sites as referred to in Article 11 (1) 2, or 12 (1) 2, shall be considered to have been obtained. In this case, the person who has given the approval of the said project plan shall notify the head of the competent Si/Gun of what he has done within 30 days from the date of approval.

Article 14(Acquisition of Housing Sites by Final and Conclusive Judgment, etc.) #

(1) In a case where an individual acquires housing sites in excess of the ownership ceiling for each household on account of such a cause as a final and conclusive judgment, inheritance, change in land category, construction, or on account of such other causes other than contracts as prescribed by the Presidential Decree, or where a juridical person acquires housing sites on account of such a cause as a final and conclusive judgment, change in land category, construction, or on account of such other causes other than contracts as prescribed by the Presidential Decree, the said individual or juristic person may own the housing sites thus acquired, irrespective of the provisions of Article 7 or 8. This provision shall also apply to a case where a person who has housing sites has been newly included into a household and thereby, the ownership ceiling for each household has come to be exceeded.

(2) The owner of the housing sites as referred to in paragraph (1) shall report on the acquisition of the said housing sites to the head of Si/Gun within 60 days from the date of the acquisition.

(3) In a case where the person concerned makes the report as prescribed in paragraph (2), a written report including such information as the present condition of his ownership of housing sites, the lot number, land category, size, present construction condition of the housing site acquired, and a utilization plan of the housing site acquired, shall be submitted to the head of Si/Kun. In this case, the time period for the disposal of the housing site in question or for the use and development thereof, as provided in the utilization plan, shall be within the time period allowed for the disposal of housing sites or for the use and development thereof, as prescribed in Article 16 or 18.

(4) The provisions of Article 10 (4) shall apply mutatis mutandis to the utilization plan as referred to in paragraph (3).

(5) A person who is provided with such a cause as a change in land category, construction completion authorization under paragraph (1), or with such other causes as prescribed by the Presidential Decree shall notify the head of Si/Gun of those facts within 30 days from the date of the relevant action.

Article 15(Ownership of Housing Sites to Be Developed) #

(1) Irrespective of the provision of Article 7 or 8, an individual or a juristic person may own the land he has developed for the purpose of house construction pursuant to the Urban Planning Act, the Land Compartmentalization and Rearrangement Projects Act, the Housing Construction Promotion Act, and such other related Acts and subordinate statutes as prescribed by the Presidential Decree (hereinafter referred to as the “developed housing sites”).

(2) A person who owns developed housing sites pursuant to the provision of paragraph (1) shall submit a utilization plan of the developed housing sites to the head of Si/Gun within 3 months from the date of the construction completion of the developed housing sites. In this case, the time period for the disposal or for the use and development of the developed housing sites as is shown on the utilization plan shall be within the time period allowed for the disposal or for the use and development of housing sites as prescribed in Article 16 (1), or 18 (1).

(3) The provisions of Article 10 (4) shall apply mutatis mutandis to the utilization plan of the developed housing sites as referred to in paragraph (2).

(4) A person who has authorized the construction completion of the developed housing sites as prescribed in paragraph (1) shall notify it to the head of Si/Gun within 30 days from the date of the authorization.

(5) The construction completion date as referred to in paragraph (2) shall be the date on which the construction completion authorization, etc. has been given for the project in question pursuant to such related Acts and subordinate statutes as the Urban Planning Act, etc: Provided, That in a case where a part of the developed housing sites comes under each of the following subparagraphs, the date of the event as prescribed in each of the following subparagraphs shall be regarded as the construction completion date of the said part of the developed housing sites:

1. In a case where the construction has been completed, pursuant to the related Acts and subordinate statutes, only for a part of the land under consideration;

2. In a case where the owner of the developed housing sites disposes of or uses and develops his developed housing sites in accordance with the purpose of the project of developing the said developed housing sites; and

3. In such other cases as prescribed by the Presidential Decree

Article 16(Obligation of and Restrictions on Disposal of Housing Sites) #

(1) An owner of housing sites coming under one of the following subparagraphs shall dispose of his housing sites within such a period as prescribed by the Presidential Decree (hereinafter referred to as the “disposal obligation period”) no later than 5 years from the date of the acquisition, etc. as prescribed by the Presidential Decree: Provided, That this provision shall not apply to the case where the household of the individual under consideration owns housing sites to such an extent as is less than the ownership ceiling for each household:

1. Housing sites acquired for the purpose of disposal pursuant to the provisions of Article 11 (1) 2 and 5, or Article 12 (1) 2 and 4; and

2. Housing sites acquired pursuant to the provisions of Articles 13 through 15 and planned to be disposed of according to the utilization plan of the said housing sites (including the housing sites for which the utilization plan has not been submitted within the disposal obligation period).

(2) Housing sites acquired for the purpose of leasing out pursuant to the provision of Article 11 (1) 2, or 12 (1) 2, or 13 through 15 shall not be disposed of in between the beginning date of their lease and the last day of the period as prescribed by the Presidential Decree.

Article 17(Priority Purchase Consultation of Housing Sites Not Disposed of) #

(1) In a case where the owner of the housing sites as referred to in Article 16 (1) has not disposed of his housing sites within the disposal obligation period, the head of Si/Gun may designate a person who will purchase the said housing sites (hereinafter referred to as the “priority purchaser”), from among the State, local governments, the Korea Land Corporation, the Korea Housing Corporation, such government-invested institutions, or public organizations as prescribed by the Presidential Decree (hereinafter referred to as the “State, etc.”) and may let the priority purchaser purchase the housing sites in question through consultations within six months from the last day of the disposal obligation period. <Amended by Act No. 5109, Dec. 29, 1995>

(2) In a case where the head of Si/Gun has designated the priority purchaser in accordance with paragraph (1), he shall notify, without any delay, the fact of the designation to the said priority purchaser and the owner of the housing sites in question.

(3) The priority purchaser shall consult with the owner of the housing sites in question concerning the purchase of the said housing sites within 2 months from the date on which he has received the notification as referred to in paragraph (2). In this case, the owner of the housing sites shall not reject the consultation without any justifiable ground.

(4) In a case where the State, etc. purchases the housing sites in question pursuant to the provisions of paragraphs (1) through (3), the purchasing price shall be the amount calculated on the basis of the officially assessed land prices as prescribed in the Public Notice of Values and Appraisal of Lands, etc. Act.

Article 18(Obligation of Utilizing and Developing Housing Sites) #

(1) An owner of housing sites, from among the persons who acquired housing sites pursuant to the provisions of Articles 10, 13 through 15 who does not come under one of the provisions of the subparagraphs of Article 16 (1), shall have the obligation of utilizing and developing his housing sites in accordance with the utilization plan thereof within the period as prescribed by the Presidential Decree no later than 5 years from the date of the acquisition, etc. as prescribed by the Presidential Decree (hereinafter referred to as the “utilization and development obligation period”).

(2) In a case where the owner of housing sites as referred to in paragraph (1) has not utilized and developed his housing sites within the utilization and development obligation period, the head of Si/Gun may designate the development agent from among the State, etc. and such housing sites development entrepreneurs or house construction entrepreneurs as prescribed by the Presidential Decree and let the development agent vicariously utilize and develop the housing sites in question.

(3) In a case where the head of Si/Gun has designated the development agent pursuant to the provision of paragraph (2), he shall, without any delay, notify the fact of the designation to the development agent and the owner of the housing sites in question and give a public notice of it.

(4) In a case where the owner of housing sites has been notified pursuant to the provisions of paragraph (2), the surface right of utilizing and developing the said housing sites shall be considered to have been established for the development agent as of the date on which the said owner has been notified.

(5) The development agent shall pay to the owner such a utilization fee of the housing sites in question, as prescribed by the Presidential Decree.

(6) The lasting period of the surface right for the development agent as referred to in paragraph (4) shall be the period as prescribed in each of the subparagraphs of Article 280 (1) of the Civil Act.

Article 19(Objects of Charges) #

With respect to the housing sites coming under the following subparagraphs, the charges on excessive ownership (hereinafter referred to as the “charges”) shall be imposed:

1. Housing sites of a household which exceed the ownership ceiling for each household; and

2. Housing sites owned by a juristic person.

Article 20(Exemption from Imposition of Charges) #

(1) Housing sites of one of the following specifications shall be exempted from the imposition of the charges, irrespective of the provisions of Article 19: <Amended by Act No. 5410, Aug. 30, 1997>

1. Housing sites within the disposal obligation period or within the utilization and development obligation period as referred to in Article 16 or 18, or the housing sites already utilized and developed;

2. Housing sites located within the urbanization adjustment section as prescribed in Article 20-2 of the Urban Planning Act or housing sites located within the development restriction section as prescribed in Article 21 of the same Act: Provided, That the charges shall be imposed on the housing sites on which such country houses or luxurious houses as prescribed by the Presidential Decree are built;

3. Sites without constructions on it where the construction of houses is prohibited under the Building Act, the Urban Planning Act, and other related Acts and subordinate statutes or where the construction is actually impossible;

4. Housing sites on which houses whose sizes exceed the size as prescribed in each of the subparagraphs of Article 7 (1) have been built and the construction of the exceeding part of which is impossible pursuant to the Building Act and other related Acts and subordinate statutes: Provided, That this provision shall apply only to the cases where the housing site of a household is 1 housing site;

4-2. Housing sites for which a person who, as of March 2, 1990, owns such housing sites which houses exceeding the area as provided in each of subparagraphs of Article 7 (1) occupy, has paid charges covering five years: Provided, That this provision shall apply only to the cases where the housing site of a household is 1 housing site;

5. Housing sites owned by foreign governments;

6. Housing sites on which houses owned by self-cultivating farmers as prescribed by the Presidential Decree are constructed: Provided, That this provision shall apply only to cases where the housing site of a household is 1 housing site;

7. The designated cultural heritage as prescribed by the Protection of Cultural Properties Act; and

8. Such other housing sites as prescribed by the Presidential Decree.

(2) Under the conditions as prescribed by the Presidential Decree, the owners of the housing sites as referred to in each of the subparagraphs of paragraph (1) shall submit the application form for exemption from the imposition of the charges to the Minister of Construction and Transportation no later than 30 days before the starting date of imposition as referred to in the main sentence of Article 25. <Amended by Act No. 5410, Aug. 30, 1997>

Article 21(Persons Obliged to Pay Charges) #

(1) Persons who own the housing sites as referred to in each of the subparagraphs of Article 19 shall have the obligation to pay the charges which cover the period from the date on which their housing sites became the objects of the charges to the date on which the said housing sites are exempted from the imposition of the charges.

(2) The persons obliged to pay the charges as referred to in paragraph (1) shall be the owners of housing sites as shown on the relevant public registers: Provided, That in a case where there are actual owners other than the said owners as shown on the relevant public registers, the actual owners shall be the persons obligated to pay the charges.

(3) In a case as provided in paragraph (1) and where the housing site on which the charges are supposed to be imposed is the housing site of a household and the number of the members of that household who own housing sites are not less than 2, the person who owns the housing site in question shall have the obligation of paying the charges in proportion to the price of his housing site.

Article 22(Calculation of Charges, etc.) #

(1) The imposition period of the charges shall be the period from the date on which the housing site in question becomes the object of the charges pursuant to the provision of Article 19 to the starting date of imposition as prescribed in Article 25.

(2) The amount of the charge for the imposition period as referred to in paragraph (1) shall be calculated by multiplying the current price, as of the starting date of imposition, of the housing site in question by the imposition rate as prescribed in Article 24.

(3) In a case where the housing sites of a household are not less than 2 plots of land, the housing sites shall be regarded as becoming the objects of the calculation of the charges in the reverse order of their acquisition.

Article 23(Prices of Housing Sites) #

The prices of the housing sites as referred to in Article 22 (2) shall be the officially assessed price for each piece of land as prescribed in the Public Notice of Values and Appraisal of Lands, etc. Act (hereinafter, referring to the price calculated according to the standards of the officially assessed land prices pursuant to the provision of Article 10 of the same Act in a case where there has been indicated no officially assessed price of the housing site in question). <Amended by Act No. 5108, Dec. 29, 1995>

Article 24(Imposition Rate) #

(1) Imposition rates of the charges shall be as follows:

1. The imposition rate for housing sites which became the objects of the imposition of the charges under 19 not more than 2 years ago shall be 6/100 a year (or 4/100 a year in a case where houses have been constructed on the housing sites under consideration);

2. The imposition rate for the housing sites which became the objects of the imposition of the charges under 19 more than 2 years ago shall be 11/100 a year (or 7/100 a year in a case where houses have been constructed on the housing sites under consideration);

3. The imposition rate for housing sites acquired after having obtained the permission as prescribed in Article 11 (1) 3 shall be 7/100 a year; and

4. The imposition rate for housing sites not disposed of or utilized and developed within the disposal obligation period or within the utilization and development obligation period as referred to in Article 16 or 18 shall be 11/100.

(2) The calculation method of the imposition rate for housing sites whose imposition period of the charges is less than 1 year shall be prescribed by the Presidential Decree.

Article 25(Starting Date of Imposition) #

The charges shall be imposed the 1st of June of every year as the starting date of the imposition: Provided, That the charges on the housing sites reported pursuant to the provision of Article 26 (2) shall be imposed starting on such dates as prescribed by the Presidential Decree as the date of the disposal or the date of beginning the development project by the development agent, etc.

Article 26(Report, etc.) #

(1) A person obligated to pay the charges shall make a report on the location, land category, size, and such other matters as prescribed by the Presidential Decree of the housing site subjected to the imposition of the charges to the Minister of Construction and Transportation within 20 days from the starting date of imposition as referred to in the main sentence of Article 25. <Amended by Act No. 5410, Aug. 30, 1997>

(2) In a case where the person obligated to pay the charges has disposed of his housing site before the starting date of imposition as referred to in the main sentence of Article 25, where the development project by the development agent has started in accordance with Article 18 (2), or where such other causes as prescribed by the Presidential Decree have occurred, the person concerned shall make a report on what happened to the Minister of Construction and Transportation within 20 days from the date of the happening concerned. <Amended by Act No. 5410, Aug. 30, 1997>

(3) As for the person who made the report as referred to in paragraph (1) or (2), the amount that remains after the deduction of the amount corresponding to 5/100 of the charges calculated pursuant to the provision of Article 22 from the said charges shall be collected from him.

(4) Necessary matters concerning the procedures, methods, etc. of the reports as prescribed in paragraph (1) or (2) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5410, Aug. 30, 1997>

Article 27(Imposition and Collection) #

(1) The charges shall be imposed and collected by the Minister of Construction and Transportation. <Amended by Act No. 5410, Aug. 30, 1997>

(2) The Minister of Construction and Transportation shall impose the charges on a person obligated to pay the charges as referred to in Article 21 within 3 months from the starting date of imposition as referred to in Article 25. In this case, the due date for payment shall be determined under the conditions as prescribed by the Presidential Decree, and a payment notice with the said due date indicated shall be issued. <Amended by Act No. 5410, Aug. 30, 1997>

(3) Necessary matters concerning the collection methods shall be prescribed by the Presidential Decree.

Article 28(Payment) #

(1) A person obligated to pay the charges shall pay the charges within the due date for the payment as referred to Article 27 (2).

(2) In principle, the charges shall be paid in cash, but the housing sites subject to the imposition of the charges may be substituted for cash in the payment of the charges.

(3) Necessary matters concerning the standards, procedures, etc. of the payment in kind as referred to in paragraph (2) shall be prescribed by the Presidential Decree.

Article 29(Urging of Payment) #

(1) In a case where a person obligated to pay the charges has not paid the charges within the due date for the payment as referred to in Article 27 (2), the Minister of Construction and Transportation shall issue a payment urging note within 20 days after the expiration of the due date for the payment. <Amended by Act No. 5410, Aug. 30, 1997>

(2) The provisions of Articles 21 and 22 of the National Tax Collection Act shall apply mutatis mutandis to a case where the charges or charges in arrears have not been paid by the respective due date for their payment.

Article 30(Disposition for Delinquent Charges, etc.) #

In a case where a person obligated to pay the charges has not completely paid the original amount of the charge and its late penalty by the due date designated after receiving the payment urging note, the Minister of Construction and Transportation may collect these in the same manner as national taxes in arrears have been collected. <Amended by Act No. 5410, Aug. 30, 1997>

Article 31(Request for Purchase) #

(1) A person obligated to pay the charges may request the Minister of Construction and Transportation to purchase his housing sites in question. <Amended by Act No. 5410, Aug. 30, 1997>

(2) The housing sites eligible for the request of purchase as referred to in paragraph (1) shall be housing sites of a size not less than such a size as is possible for construction pursuant to the Building Act and other related Acts and subordinate statutes. In a case where partition of the housing sites under consideration is prohibited by the Building Act and other related Acts and subordinate statutes or where the housing sites under consideration comes under the standards as prescribed by the Presidential Decree, the purchase of the whole part of the housing sites under consideration may be requested.

(3) In a case where he has received the request of purchase pursuant to the provision of paragraph (1), the Minister of Construction and Transportation may mediate for the sale of the housing site in question under the conditions as prescribed by the Presidential Decree. In this case, the period of the mediation shall be no more than 1 year. <Amended by Act No. 5410, Aug. 30, 1997>

(4) In a case where the housing site in question has not been sold within the period as prescribed in the latter part of paragraph (3), the Minister of Construction and Transportation shall designate the purchaser of it from among the State, local governments, or such governmentinvested institutions as prescribed by the Presidential Decree, and let the said purchaser purchase the said housing site. <Amended by Act No. 5410, Aug. 30, 1997>

(5) In a case where housing sites are to be purchased pursuant to the provision of paragraph (1), the purchasing price shall be the amount calculated on the basis of the officially assessed land prices as prescribed in the Public Notice of Values and Appraisal of Lands, etc. Act: Provided, That this provision shall not apply to such cases as prescribed by the Presidential Decree.

Article 32(Attribution of Charges) #

The charges collected pursuant to this Act shall be attributed to the Special Accounts on Land Management and Balanced Regional Development as prescribed in the Special Accounts on Land Management and Balanced Regional Development Act.

Article 33(Submission of License Certificates) #

In a case where a person who has acquired housing sites pursuant to the provision of Article 10 desires to file an application for the preservation of ownership of the said housing sites or for the registration of the transferral of the said ownership, he shall attach the document proving the permission of the acquisition of the housing sites in question as prescribed in the said Article.

Article 34(Inspection of and Report on Ownership Situation of Housing Sites, etc.) #

(1) In a case where he has acknowledged it to be necessary for effective enforcement of this Act, the Minister of Construction and Transportation may let the land owners report on or let some public officials under his jurisdiction inspect such matters relating to the ownership of land, such as the ownership situation of housing sites, the current condition of the utilization of housing sites, etc., for every period as prescribed by the Presidential Decree. <Amended by Act No. 5410, Aug. 30, 1997>

(2) In a case where the competent public officials do the inspection pursuant to the provision of paragraph (1), they shall carry with them a voucher of authority and shall show it to the related persons.

(3) Necessary matters concerning the procedures and methods of the report and inspection as referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5410, Aug. 30, 1997>

Article 35(Drawing Up and Keeping on File of Cards of Housing Sites) #

(1) The head of Si/Gun shall draw up and keep on file the cards of housing sites for each household or the cards of housing sites for each juristic person, for the purpose of an exact understanding of the real condition of the ownership and utilization of housing sites and for the purpose of rendering such management as helps the efficient utilization of housing sites.

(2) In a case where he deems it necessary for preparation and arrangement of the cards of housing sites under paragraph (1) and for an exact understanding of the real condition of the utilization of housing sites, the head of Si/Gun may have the owners or users of the housing sites report the necessary matters or may have the competent public officials inspect the real condition of the utilization of the housing sites.

(3) The provisions of Article 34 (2) shall apply mutatis mutandis to a case as prescribed in paragraph (2).

(4) Necessary matters concerning the preparation and keeping on file of the cards of housing sites shall be prescribed by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5410, Aug. 30, 1997>

Article 36(Special Cases of Legal Application Following Changes, etc. in Administrative Compartmentalization) #

(1) In a case where the administrative units as referred to in Article 7 (1) 2 have been changed into the areas as referred to in subparagraph 1 of the said paragraph, or where the administrative units as referred to in subparagraph 3 of the said paragraph have been changed into the administrative units as referred to in subparagraph 1 or 2 of the said paragraph, because of changes or adjustment in administrative compartmentalization, in so far as the matter of the ownership ceiling for each household for the administrative units changed is concerned, the provisions which used to apply to the said matter before the changes or adjustment shall apply for 2 years after the dates of the changes or adjustment.

(2) This Act shall not apply to areas newly incorporated into urban planning districts by urban planning decisions or changes as referred to in Article 12 of the Urban Planning Act for 2 years after the date of the incorporation.

Article 37(Special Cases of Administrative Adjudication) #

(1) A person who desires to raise an objection against the imposition and collection of the charges or against the purchasing price as prescribed in Article 31 may file an application for administrative adjudication at the Central Land Expropriation Committee as prescribed in the Land Expropriation Act.

(2) The Central Land Expropriation Committee as prescribed in the Land Expropriation Act, shall give a trial and reach a resolution and then, finally, adjudicate in so far as a case of the application for administrative appeals as prescribed in paragraph (1) is concerned, irrespective of the provisions of Articles 5 and 6 of the Administrative Appeals Act.

Article 38(Delegation of Rights) #

The Minister of Construction and Transportation may delegate his rights concerning the imposition and collection of the charges as referred to in this Act, to the head of Si/Kun. In this case, a delegation commission within the range of the actual expenses needed for performing the delegated tasks may be paid to the local governments concerned under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5410, Aug. 30, 1997>

Article 39(Penal Provisions) #

(1) A person who has acquired housing sites without having obtained the necessary permission in violation of the provision of Article 10 (including a person who has modified permitted matters without having obtained the necessary permission for the modification) or a person who has acquired housing sites after having obtained the necessary permission by means of fraud or other unjust methods shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 30/100 of the current as of the date of the conclusion of the contract concerned price of the housing sites concerned.

(2) A person who has evaded the charges on excessive ownership or a person who has gotten into a false contract for a housing site which is an object of the imposition of the charges, for the purpose of evading the imposition of the charges, shall be punished by a fine not exceeding 30/100 of the current as of the date of the conclusion of the contract concerned price of the housing site concerned.

(3) A person who has disposed of his housing site in violation of Article 16 (2) shall be punished by imprisonment for not more than 1 year or by a fine not exceeding the amount corresponding to the charges on the said housing site for the period from the date of the disposal to the date as referred to in Article 16 (2). In this case, the price of the said housing site shall be, for the purpose of calculation of the fine, the price at the time of the disposal and its imposition rate shall be 11/100 a year, respectively.

(4) The prices of housing sites for the purpose of calculation of the fines as referred to in paragraphs (1) through (3) shall be the prices of the housings sites, calculated on the basis of the officially assessed prices for separate pieces of land as prescribed in the Public Notice of Values and Appraisal of Lands, etc. Act. <Amended by Act No. 5108, Dec. 29, 1995>

(5) In a case where the representative of a juristic person or an agent or employee, regular or otherwise, of a juristic person or a individual has an act of violation as prescribed in paragraphs (1) through (3), not only the violator himself shall be punished but also the said juristic person or individual shall be punished by the fine as prescribed in the relevant provision of those of paragraphs (1) through (3).

Article 40(Fine for Negligence) #

(1) A person of one of the following specifications shall be punished by a fine not exceeding 2 million won:

1. A person who has not fulfilled the obligation of making the reports as referred to in Article 14 (2), 34 (1), or 35 (2); and

2. A person who has not submitted the utilization plan as referred to in Article 14 (3), or 15 (2).

(2) From among the cases of fine for negligence as referred to in paragraph (1), a fine for negligence imposed on the violater of the obligation as referred to in Article 34 (1) shall be imposed and collected by the Minister of Construction and Transportation, and a fine for negligence imposed on the violators of the other obligations shall be imposed and collected by the head of Si/Kun. <Amended by Act No. 5410, Aug. 30, 1997>

(3) A person who desires to raise an objection against the disposition of the fine for negligence as prescribed in paragraph (1) may file a complaint with the Minister of Construction and Transportation or with the head of Si/Gun within 30 days from the date on which he received the notice of the said disposition. <Amended by Act No. 5410, Aug. 30, 1997>

(4) In a case where the person who was punished by the fine for negligence in accordance with paragraph (1) has filed a complaint pursuant to the provision of paragraph (3), the Minister of Construction and Transportation or the head of Si/Gun shall notify, without any delay, the said fact to the competent court, and the competent court thus notified shall give a trial on the case of the fine for negligence in question, pursuant to the Non-Contentious Case Litigation Procedures Act. <Amended by Act No. 5410, Aug. 30, 1997>

(5) In a case where the fine for negligence in question has not been paid without any objection within the period as prescribed in paragraph (3), the said fine for default shall be collected in the same manner as national or local taxes in arrears have been collected.