Article 57(Methods for supplying developed land) #
(1) An implementer shall supply developed land, etc. in accordance with a plan for supply of developed land, etc. under Article 26(1) of the Act. In such cases, the implementer may place restrictions on the eligibility for persons to be supplied with developed land, etc. or impose the terms and conditions of supply, if necessary to facilitate the establishment of infrastructure under the National Land Planning and Utilization Act. <Amended on Mar. 26, 2012; Jun. 21, 2022>
(2) Developed land, etc. shall be supplied through a competitive bid. <Amended on Dec. 5, 2017>
(3) Notwithstanding paragraph (2), any land specified in subparagraphs 1 through 3 may be parceled out by drawing lots; provided, where an implementer specified in Article 11(1)1 through 4 of the Act intends to supply a rental housing construction site from the land specified in subparagraph 1, he or she shall parcel it out by drawing lots: <Added on Dec. 5, 2017>
1. A construction site for housing not exceeding the scale of national standard housing defined in subparagraph 6 of Article 2 of the Housing Act;
2. A public housing site defined in subparagraph 24 of Article 2 of the Housing Act;
3. A site for detached housing and a factory site not exceeding the area prescribed by Decree of the Ministry of Land, Infrastructure and Transport.
(4) To supply developed land, etc. under paragraph (2) or (3), the implementer shall publicly announce the following matters; provided, this shall not apply where the persons to be supplied with the developed land are specified or where the eligibility is limited and individual notices are given: <Amended on Dec. 5, 2017>
1. The name and address of the implementer and the name of the representative;
2. The location, area, and use of land (if a restriction is imposed on land use, including the details of such restriction);
3. The method and terms of supply;
4. The supply price or the method for determining the same;
5. The eligibility requirements for and the method for selection of the persons to be supplied;
6. The period for and place of applying for supply;
7. Other matters the implementer deems necessary.
(5) Notwithstanding paragraphs (2) and (3), an implementer may supply developed land, etc. by a private contract in any of the following cases: <Amended on Jun. 30, 2009; Mar. 26, 2012; Mar. 23, 2013; Nov. 4, 2015; Dec. 5, 2017; Jan. 31, 2025>
1. Where he or she supplies a school site, a site for a government office building or other public site not permitted to be parceled out to the general public, to the State, a local government or other person permitted to install relevant facilities under statutes or regulations;
1-2. Where any of the following persons supplies a rental housing construction site to a real estate investment company defined in subparagraph 1 of Article 2 of the Real Estate Investment Company Act in which it has solely or jointly made an investment in access of 50/100 of the total equity:
a. The State or a local government;
b. Korea Land and Housing Corporation;
c. A local government-invested public corporation incorporated for housing purposes;
2. Where he or she supplies the minimum land area necessary for maintaining and managing existing facilities according to the implementation plan publicly notified under the former part of Article 18(1) of the Act;
3. Where land is supplied to a person who has transferred all of his or her developed land, etc. within the urban development zone to the implementer after consultation under the Act on Acquisition of and Compensation for Land for Public Works Projects, according to the criteria prescribed by Decree of the Ministry of Land, Infrastructure and Transport;
4. Where he or she redeems land using a land redemption bond;
5. Where he or she deems it unavoidable to supply land to the owner, etc. of adjacent land because the utility value thereof is substantially low in light of its scale, shape, location, etc.;
6. Where an implementer falling under any of Article 11(1)1 through 4 of the Act supplies land to a person selected in accordance with the procedures and methods prescribed by Decree of the Ministry of Land, Infrastructure and Transport because it is necessary to develop land through special design (referring to designs implemented in cases where it is necessary to accept creative development proposals through methods such as design competitions or where complex and three-dimensional development is required to accommodate various purposes) for urban development in an urban development zone, and the scope of the area of land supplied pursuant to the former part of Article 11(1)1 through 4 of the Act shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.
6-2. Where the Minister of Trade, Industry and Energy deems it necessary to supply developed land, etc. by a private contract to a foreign-capital invested company defined in subparagraph 6 of Article 2 of the Foreign Investment Promotion Act after deliberation by the foreign investment committee under Article 27 of that Act; provided, this shall apply only to developed land, etc. supplied between July 1, 2009 and June 30, 2011;
6-3. Where land developed by a development agent is supplied to the relevant development agent;
7. Where a competitive bid or drawing under paragraph (2) or (3) fails at least twice;
8. Where developed land, etc. can be supplied by a private contract under related statutes or regulations.
(6) The value of developed land, etc. shall be appraised based on the appraised price. <Amended on Mar. 26, 2012; Dec. 5, 2017>
(7) In a competitive bid under paragraph (2), the successful bidder shall be the highest bidder. In such cases, if land subject to the competitive bid is land for constructing a building consisting of both multi-unit housing referred to in subparagraph 2 of Appendix 1 of the Enforcement Decree of the Building Act and non-residential portion of land (including a complex of at least two buildings connected as one), the successful bidder shall be the highest bidder for the area (hereafter in this paragraph referred to as "commercial area") calculated by multiplying the land area subject to the competitive bid by the ratio of the non-residential portion (referring to the ratio of the part subject to the district-unit plan included in the implementation plan, which shall be calculated against the total floor area of the building); and the supply price of the land shall be the aggregate of prices calculated by applying a successful bidding price for a commercial area and an appraised price for non-commercial area, respectively. <Amended on Mar. 26, 2012; Dec. 5, 2017>
(8) Except as provided in paragraphs (1) through (7), the methods for selling developed land, etc. and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 5, 2017>