Article 24(Method of supply of developed land) #
(1) Where a public housing project operator supplies land developed pursuant to Article 32(1) of the Act, he or she shall sell or lease developed land in lots by selecting persons subject to the supply of land in the method of lottery, competitive bidding, or negotiated contract, depending on the purpose of the development. In such cases, the method of supply shall be determined in consideration of the use of land, persons subject to the supply of land, stability of land price, etc. <Amended on Mar. 23, 2021>
(2) When land is supplied by lottery pursuant to paragraph (1), the price shall be determined in advance. In such cases, the price may be determined differently by use, region, and persons subject to the supply of land to ensure the housing stability of ordinary people and the development of the cities. <Amended on Mar. 23, 2021>
(3) Where the developed land falls under any of the following subparagraphs, a public housing project operator shall supply it by competitive bidding: <Amended on Mar. 23, 2021>
1. Land to be used for commercial purposes, such as a site for sales facilities;
2. Land, other than construction site for multi-family, which is constructed with the approval of a project plan pursuant to Article 35 of the Act or Article 15 of the Housing Act (excluding cases where a public housing project operator deems it necessary for the stabilization of land prices and public purposes).
(4) Where the land supplied by lottery or competitive bidding under paragraphs (1) through (3) is the site for specific facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as the site for school facilities or the site for medical facilities, a public housing project operator may restrict the qualifications of persons who receive such land. <Added on Mar. 23, 2021>
(5) Where land is supplied in accordance with paragraph (1), in any of the following cases, it may be supplied by a negotiated contract; provided, where the land developed in accordance with subparagraph 4 or 5 is supplied and the number of applications for supply of the developed land exceeds the quantity in the housing zone development plan, it shall be supplied by lottery, but where the land is supplied to a person who has owned a land in a housing zone designated in a development restriction zone before the designation of the restriction zone or acquired a land by inheritance after the designation of the development restriction zone, it may be supplied preferentially: <Amended on Aug. 11, 2016; Jan. 17, 2017; May 26, 2020; Mar. 23, 2021; Sep. 17, 2021; Dec. 28, 2021; Jul. 26, 2022; Apr. 23, 2024; Jul. 31, 2025>
1. Where land is supplied to a public housing project operator for the purpose of supplying public housing;
2. Where land for public facilities that cannot be sold to the general public, such as roads, schools, parks, and buildings for public use, is supplied to the State, a local government, or any other person eligible to install the relevant public facilities pursuant to any statute or regulation;
3. Where land is supplied within the minimum scope necessary for the maintenance and management of facilities, such as buildings, etc. in a housing zone, maintained pursuant to the housing zone development plan publicly notified pursuant to Article 17(3) of the Act;
4. Where land of which size is prescribed by Decree of the Ministry of Land, Infrastructure and Transport is supplied to a person (limited to a person who has owned land from 1 year before the date of public announcement under Article 13(2), but including a person who has acquired land after the date on which 1 year has elapsed from the date of public announcement counting retroactively from the date of public announcement and has acquired all of the land from the previous owner of the land in a housing zone and a person who has acquired the land by a decision of a court or by inheritance) who has transferred all of the land in the housing zone he or she owns in response to consultations under the Act on Acquisition of and Compensation for Land for Public Works Projects) [where the relevant land is in the Seoul Metropolitan area under the Seoul Metropolitan Area Readjustment Planning Act (hereinafter referred to as the "Seoul Metropolitan Area"), the area of the land shall be not less than the area prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and the relevant land contains goods or rights falling under Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects, such goods or rights shall be included; hereafter the same shall apply in this Article] to a public project operator; provided, this shall not apply to the case of supplying land to persons falling under any of the following items:
a. A person belonging to an agency or company falling under any subparagraph of Article 9(2) of the Act as at the date of public announcement under Article 13(2), who is handling or has handled business affairs related to the designation of a housing zone (including cases where a person belonging to another agency or company handles business affairs at the agency or company under the same subparagraph due to dispatch, etc.; hereafter the same shall apply in this item and item b);
b. A person for whom 3 years have not yet elapsed since his or her retirement from an agency or company under any subparagraph of Article 9(2) of the Act as at the time of public announcement under Article 13(2), and who has handled business affairs related to the designation of a housing zone during his or her service);
5. Where land is supplied to a person, other than nonresident owners of real estate under Article 63(6)2 of the Act on Acquisition of and Compensation for Land for Public Works Projects, who has transferred all of the land in a housing zone he or she owns in response to consultations under the same Act and has been compensated with bonds of more than 100 million won, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport;
6. Where land of which size is prescribed by Decree of the Ministry of Land, Infrastructure and Transport is supplied to a housing construction project operator who has transferred all of the land in a housing zone that he or she owns as of the date of public announcement under Article 13(2) (including cases where a contract of transferring the ownership has been concluded as of the date of public announcement and the ownership is to be acquired by the date of designation of the housing zone) in response to consultations under the Act on Acquisition of and Compensation for Land for Public Works Projects, in consideration of the purpose of land ownership, use of land, and progress of housing construction projects; provided, as for the land of which the contract of transferring the ownership has been concluded as of the date of public announcement under Article 13(2), it shall be limited to cases where acts falling under any of the following items are confirmed to have been conducted before the date of public announcement:
a. An approval seal under Article 3 of the Act on Special Measures for Registration of Real Estate;
b. Reports on transaction of real estate under Article 3 of the Act on Report on Real Estate Transactions;
c. Preparation of deeds under Articles 25 through 35, 35-2, and 36 through 40 of the Notary Public Act;
d. Authentication on deeds signed by a private person under Articles 57, 57-2, 58, and 59 of the Notary Public Act;
7. Where land of which size is prescribed by Decree of the Ministry of Land, Infrastructure and Transport is supplied to a housing association which has obtained approval to establish for housing construction in a housing zone pursuant to Article 11 of the Housing Act, and has acquired more than 1/2 of the area of land required to construct housing needed to be supplied to members of the housing association as of the date of public announcement under Article 13(2), and has transferred all of the land in a housing zone he or she owns in response to consultations under the Act on Acquisition of and Compensation for Land for Public Works Projects;
8. Where land is supplied to a person selected pursuant to the procedures and methods as determined by the Minister of Land, Infrastructure and Transport on the ground that it is necessary to develop such land by applying special designs (referring to designs applied where it is necessary to accept creative development proposals or where complex development is necessary to accommodate various purposes of use) for a desirable city development;
9. Where any of the following industrial complexes (limited to complexes of which size is at least 1 million square meters) under the Industrial Sites and Development Act is developed in a Si/Gun where a housing zone with an area of at least 330,000 square meters is located is developed, and land of which size is prescribed by Decree of the Ministry of Land, Infrastructure and Transport is supplied to the operator of the industrial complex development project (including an enterprise that establishes a factory by purchasing at least 50 percent of the site for industrial facilities in an industrial complex) due to the necessity to provide housing construction sites, school facilities, etc. for workers, after obtaining recommendation from the head of the competent Si/Gun and the Minister of Trade, Industry and Energy and recognition by the Housing Policy Deliberative Commission prescribed in Article 8 of the Framework Act on Residence for the necessity to supply of developed land:
a. An industrial complex to be developed by an enterprise relocating from the Seoul metropolitan area to an area other than the Seoul metropolitan area;
b. An industrial complex to be developed to establish factories of high-tech businesses prescribed by Decree of the Ministry of Land, Infrastructure and Transport;
10. Where land of which size is prescribed by Decree of the Ministry of Land, Infrastructure and Transport is supplied to a person who is to be compensated with land pursuant to Article 63(1)1 of the Act on Acquisition of and Compensation for Land for Public Works Projects, in consideration of efficient use, etc. of developed land;
11. Where land of which size is prescribed by Decree of the Ministry of Land, Infrastructure and Transport is supplied to a real estate investment trust specializing in development which has received an investment in kind pursuant to Article 26-3 of the Real Estate Investment Company Act, in consideration of efficient use, etc. of developed land;
12. Where a public housing project operator supplies land to a housing construction project operator who constructs public housing zone in return for such construction works;
13. Where, in the case of supplying land for public housing construction, land is supplied to a person selected pursuant to the procedures and methods as determined by the Minister of Land, Infrastructure and Transport on the condition of selling a part of housing constructed on the land to a public housing project operator for use as public rental housing;
14. Where land is supplied to a person selected pursuant to the procedures and methods determined by the Minister of Land, Infrastructure and Transport on the condition of developing land by establishing a real estate investment trust offering its stocks to the public under Article 49-3 of the Real Estate Investment Company Act (including a real estate investment trust with its public offering of stocks scheduled pursuant to Article 14-8(1) and (2) of the same Act) or a real estate fund under subparagraph 2 of Article 229 of the Financial Investment Services and Capital Markets Act (excluding a private equity fund under Article 9(19) of the same Act) to expand opportunities for the general public to indirectly invest in real estate;
15. Where a site for industrial facilities is supplied to a person, who owns parcels of land or buildings located in a complex district (hereinafter referred to "owner of land, etc. in a complex district"), selected as a person subject to relocation measures for factories under Article 78-2 of the Act on Acquisition of and Compensation for Land for Public Works Projects;
16. Where a site for multi-unit housing of which size is prescribed by Decree of the Ministry of Land, Infrastructure and Transport is supplied to a housing construction project operator who has transferred all of the land in a complex district that he or she owns to a public housing project operator in response to consultations under the Act on Acquisition of and Compensation for Land for Public Works Projects;
17. Where land is supplied to a public institution under the Act on the Management of Public Institutions or a local government-invested public corporation under the Local Public Enterprises Act, which has transferred all of the land in a complex district that he or she owns to a public housing project operator in response to consultations under the Act on Acquisition of and Compensation for Land for Public Works Projects;
18. Where land is supplied to a person who is eligible for land supply by means of a negotiated contract pursuant to relevant statutes and regulations.
(6) Where a public housing project operator supplies by lottery or preferentially supplies developed land to a person falling under subparagraph 4 of paragraph (5) pursuant to the proviso of paragraph (5), with the exception of its subparagraphs, he or she shall supply such land pursuant to the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, by taking into account the period of ownership, etc. of land in a housing zone. <Added on Dec. 28, 2021; Jul. 26, 2022>
(7) Notwithstanding the provisions of paragraphs (1) through (5), a person who has invested in a joint stock corporation and a person designated as a joint public housing project operator pursuant to Article 4(2) of the Act may be preferentially supplied with a site for housing construction, from among land developed by the joint stock corporation and the person designated as a joint public housing project operator, pursuant to the following classifications: <Amended on Aug. 11, 2016; Mar. 23, 2021; Dec. 28, 2021>
1. A public housing project operator under Article 4(1)1 through 4 of the Act (hereinafter referred to as "public project operator"): Site for public housing construction (hereafter in this paragraph referred to as "public housing construction sites");
2. A housing construction project operator: Housing construction sites, other than public housing construction sites. In such cases, the housing construction site with which a housing construction project operator may be supplied shall be prescribed by an agreement concluded with a public project operator within the scope of the shares of invested, etc. by persons other than the public project operator (only aggregating the shares held by persons other than the public business).
(8) Where a public housing project operator intends to supply developed land, he or she shall publicly announce the following matters; provided, this shall not apply where the qualifications of persons who receive such land are restricted pursuant to paragraph (4) and where such land is supplied by means of a negotiated contract pursuant to paragraph (5): <Amended on Mar. 23, 2021; Dec. 28, 2021>
1. Name and address of the public housing project operator and the name of its representative;
2. Location, size, and specific use of the developed land (where the use is prohibited or restricted, including details of such prohibition or restriction);
3. Time frame, methods, and terms and conditions of the supply;
4. Supply prices and methods of determining the prices;
5. Development costs prescribed by Decree of the Ministry of Land, Infrastructure and Transport;
6. Time and place for application for supply;
7. Eligibility requirements of persons to receive the developed land and methods of selecting them;
8. Documents accompanied when filing an application for supply.
(9) Where the Minister of Land, Infrastructure and Transport deems it necessary for the smooth supply of public housing and the stabilization of citizens, he or she may determine the method of supplying developed land and the standards of supply prices of land by use, region, and size of housing pursuant to Article 32(2) and (3) of the Act and determine the price of land developed pursuant to the standard. <Amended on Mar. 23, 2021; Dec. 28, 2021>