Article 17(Methods for supplying developed land) #
(1) A project operator shall supply developed land, etc. in accordance with the purpose of use specified in a development plan in accordance with Article 19(2) of the Act.
(2) Where a project operator intends to supply developed land, etc., he or she shall comply with the method of competitive bidding (including bidding by determining a successful bidder by evaluating the details of design of buildings to be constructed on the relevant land); provided, with respect to a site for detached housing not exceeding 330 square meters, a site for housing not exceeding the scale of national housing under subparagraph 6 of Article 2 of the Housing Act (including rental housing in excess of the scale of national housing), or a site for factory may be sold by lottery. <Amended on Aug. 11, 2016>
(3) Notwithstanding paragraph (2), the developed land, etc. may be supplied by negotiated contract in any of the following cases; provided, where any land is supplied in accordance with subparagraph 6, it shall be supplied by drawing lots among the applicants if the quantity of land applied for supply exceeds the planned quantity: <Amended on Feb. 29, 2008; Apr. 21, 2009; Sep. 21, 2009; Jun. 29, 2011; Mar. 23, 2013; Apr. 29, 2014; Dec. 28, 2015>
1. Where a site for building a new office is supplied to a public institution subject to relocation or an institution to be relocated with a public institution subject to relocation;
2. Where a site for public buildings, a site for school facilities, and a site for public facilities that cannot be sold to the general public are to be supplied to the State, a local government, or other persons eligible to establish the relevant public facilities in accordance with statutes or regulations;
3. Where a housing construction site is supplied to the State or a local government among project operators under the Housing Act, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, or a local public enterprise established for housing projects in accordance with the Local Public Enterprises Act;
4. Where a land for the construction of public housing under subparagraph 1 of Article 2 of the Special Act on Public Housing is to be supplied to a public housing project operator under Article 4 of that Act;
5. Where a housing construction site or dormitory site for relocating employees of a public institution subject to relocation is supplied to the public institution subject to relocation in accordance with Article 45(2) of the Act;
6. Where any land by up to 330 square meters is to be supplied to a person who has transferred all of the land he or she has owned in a project area to a project operator (limited to cases where the area of the relevant land is at least 1 thousand square meters; and including goods or rights falling under Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects, if they exist on the relevant land) complying with the outcomes of the consultation held under the same Act [limited to cases where the land is owned by him or her before the date of a public announcement (where a prearranged development area for innovation cities is designated in accordance with Article 51(1) of the Act and Article 2 of the Addenda of the Act, referring to the date of public announcement for hearing opinions of residents, etc. regarding to the designation of development project zones in accordance with other statutes) under Article 6(2) and including cases where the land is owned thereafter by acquiring all of the relevant land from the previous owner of the land in the project area and cases where the land is acquired in accordance with a court ruling or by inheritance];
7. Where the minimum area of land necessary to maintain and manage facilities to be maintained in accordance with the implementation plan is supplied;
8. Where any land is to be supplied to a person selected in accordance with the procedures and methods prescribed by the Minister of Land, Infrastructure and Transport, deeming that the supply is necessary for the improvement of the view, landscape, and comfortability of the city or for the promotion, etc. of functions of innovation cities;
9. Other cases where the developed land, etc. may be supplied by negotiated contract in accordance with relevant statutes or regulations.
(4) Where an innovation city development project is implemented by redundantly designating a prearranged development area for innovation cities in accordance with Article 51 of the Act, notwithstanding the provisions of other statutes or regulations such as Article 13-2(2) through (5) of the Enforcement Decree of the Housing Site Development Promotion Act, a site falling under any subparagraph of paragraph (3) may be supplied by negotiated contract. <Amended on Apr. 20, 2021>
(5) In supplying any developed land, a project operator may restrict the qualifications of persons entitled to such supply with respect to sites for specific facilities designated by the Minister of Land, Infrastructure and Transport, such as a site for school facilities or medical facilities, and land deemed necessary and designated by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(6) In determining the prices of developed land, etc., a project operator may determine them differently based upon the purpose of use, conditions of supply, and persons entitled to such supply.
(7) Where a project operator intends to supply any developed land, etc., he or she shall publicly announce the following matters 10 days (5 days, in cases of emergency or resupply) before the deadline for applications for supply; provided, the same shall not apply where the persons entitled to such supply are limited where the land is supplied by negotiated contract in accordance with paragraphs (3) and (4) and the qualifications of the persons entitled to such supply are restricted in accordance with paragraph (5):
1. Name and location of the project operator, and the name of the representative;
2. Location, area, and use (where any prohibition or restriction is imposed on the use, including the details of the prohibition or restriction) of the developed land, etc.;
3. Timing, methods, and conditions of the supply;
4. Supply prices;
5. Period and place to file an application for supply;
6. Qualifications required for the application for the supply;
7. Documents required for the application for supply.
(8) When a project operator intends to supply developed land, he or she shall disclose the development costs, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(9) Except as otherwise provided in paragraphs (1) through (6), matters necessary for the types of sites for developed land, etc., methods of supply, procedures for supply, price standards, etc. shall be determined by the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall notify the general public of the details thereof on the website, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013>