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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF ORDINANCE ON MANAGEMENT OF LAND ALLOTTED IN RECOMPENSE FOR URBAN DEVELOPMENT OUTLAY

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Rule is to provide for matters delegated by the Seoul Metropolitan Government Ordinance on Management of Land Allotted in Recompense for Urban Development Outlay and matters necessary for the enforcement thereof. <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008>

Article 2 (Management of Land Allotted in Recompense for Urban Development Outlay) The Director General of the Urban Planning Bureau shall serve as the officer generally responsible for administrative matters regarding the management of the land allotted in recompense for urban development outlay (hereinafter referred to as "administrator") and the Director mainly responsible for urban development projects shall serve as the divisional manager: Provided, That the head of each Gu shall serve as the administrator with regard to administrative matters delegated to the head of each Gu for management pursuant to Article 25 of the Seoul Metropolitan Government Ordinance on Management of Land Allotted in Recompense for Urban Development Outlay (hereinafter referred to as "Ordinance"). <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008>

CHAPTER II SALE OF LAND ALLOTTED IN RECOMPENSE FOR URBAN DEVELOPMENT OUTLAY Article 3 (Request for Sale) (1) The divisional manager shall select parcels of land that may be sold pursuant to Article 3 of Ordinance, among the land allotted in recompense for development outlay, and shall request the head of the division mainly responsible for sale (hereinafter referred to as "sales division") with approval from the administrator to sell them.
(2) Each written request for sale under paragraph (1) shall be accompanied by the statement of parcels of land allotted in recompense for development outlay, which are requested to be sold, (attached Form 1) and relevant drawings.

Article 4 (Applications for Purchase and Notice) (1) A person who intends to purchase a parcel of land by a negotiated contract pursuant to the proviso to Article 4 (1) of Ordinance shall file an application to purchase the land allotted in recompense for development outlay (attached Form 2) with the administrator along with required documents.
(2) Upon receipt of an application under paragraph (1), the administrator shall notify the applicant of results immediately after he/she completes procedures for appraisal, inquiry, verification, etc.: Provided, That if a parcel of land is jointly owned, the administrator shall verify whether the owner of the adjoining land consents to the sale. <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008>

Article 5 (Collection, etc. of Sale Price) (1) The sales division shall take charge of administrative matters related to resolving adjustment of revenue and the issuance of payment notices for collecting the sale price of the land allotted in recompense for development outlay under Article 8 of Ordinance.
(2) Where the head of the sales division resolves to adjust the sale price for a parcel of land allotted in recompense for development outlay pursuant to paragraph (1), he/she shall issue a revenue adjustment notice (attached Form 3) to the cashier in charge of revenues of the special account for the urban development of the Seoul Metropolitan Government (hereinafter referred to as "revenue cashier").
(3) A resolution on the revenue adjustment of the sale price for a parcel of land allotted in recompense for development outlay shall be made in attached Form 4 or 5, while attached Form 3 of the Enforcement Rule of the Local Tax Act shall apply mutatis mutandis to payment notices. <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008>
(4) Upon receipt of a notice of the receipt of sale price from a receiving agency, the revenue cashier shall immediately issue a revenue collection notice in attached Form 7 to the head of the sales division.

Article 6 (Calculation of Discount on Land Allotted in Recompense for Urban Development Outlay but Occupied by Obstacles) (1)When it is intended to provide a discount on sale price under the condition that the purchaser shall dispose of obstacles pursuant to Article 9 of Ordinance, the amount of discount shall be determined by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") by calculating the arithmetical average amount of expenses obtained by requesting two or more specialized institutions to calculate expenses incurred in disposing of such obstacles.
(2) If necessary for determining the amount of discount under paragraph (1), the Mayor shall authorize the head of the Gu having jurisdiction over the location of the parcel of land allotted in recompense for development outlay to investigate the current status of obstacles and to request two or more specialized institutions to calculate expenses incurred in disposing of such obstacles.
(3) Expenses incurred in the investigations on the current status of obstacles and the calculation of expenses incurred in disposing of obstacles under paragraph (2) shall be borne by the Mayor.
(4) Specialized institutions under paragraphs (1) and (2) shall be selected from among the following organizations or institutions, in consideration of the kinds and sizes of obstacles and other factors: <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008; Seoul Metropolitan Government Rule No. 3407, Jan. 29, 2015>
1. A business entity registered as a construction business pursuant to Article 9 of the Framework Act on the Construction Industry or a contractors' association established pursuant to Article 50 of the aforesaid Act;
2. An institution specializing in cost calculation services pursuant to Article 9 (2) of the Enforcement Rule of the Act on Contracts to which a Local Government is a Party;
3. A business entity reported as an engineering entity pursuant to Article 21 of the Engineering Industry Promotion Act or an association established pursuant to Article 33 of the aforesaid Act.
(5) Investigations on the current status of obstacles under paragraph (2) shall be carried out in attached Form 4 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works. <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008>
(6) Fees for specialized institutions under paragraph (4) shall be based on the fees for engineering services under Article 45 of the Engineering Industry Promotion Act, but if the guidelines for such compensation are provided for in any other Act or subordinate statute, such fees may be calculated in accordance with the guidelines provided for in such an Act or subordinate statute. <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008; Seoul Metropolitan Government Rule No. 3407, Jan. 29, 2015>

Article 7 (Transfer of Title to Purchaser) (1)A person who intends to have the title to a parcel of land allotted in recompense for development outlay transferred pursuant to Article 10 (1) of Ordinance shall file an application for the transfer of title with the administrator in attached Form 8.
(2) Approval for an application under paragraph (1) shall be granted in attached Form 8.

Article 8 (Conveyance of Ownership) A purchaser who intends to apply for the conveyance of ownership under Article 13 (1) of Ordinance shall file an application for the issuance of a certificate of sale and a power of attorney with the administrator in attached Form 10.

Article 9 (Issuance of Certificates) (1) A person who intends to apply for any of the following civil documents in connection with the sale of a parcel of land allotted in recompense for development outlay, he/she shall file an application with the administrator in the form specified in each relevant subparagraphs:
1. For issuance of a certificate of full payment of the sale price for a parcel of land allotted in recompense for development outlay: Attached Form 11;
2. For change of the address of the owner of a parcel of land allotted in recompense for development outlay: Attached Form 12;
3. For certification of the owner of a parcel of land allotted in recompense for development outlay: Attached Form 13;
4.For certification of facts regarding a parcel of land allotted in recompense for development outlay: Attached Form 14;
(2) Upon receipt of an application to issue a certificate of full payment under paragraph (1) 1, the certificate of full payment shall be issued in attached Form 15 after verifying and confirming relevant registers.


CHAPTER III LEASING, ETC. OF LAND ALLOTTED IN RECOMPENSE FOR DEVELOPMENT OUTLAY Article 10 (Procedure for Exemption from Rent) (1) A public enterprise or a legal entity that intends to rent a parcel of land allotted in recompense for development outlay without consideration pursuant to Article 16 (2) 1 (d) of Ordinance shall file a lease application with the Mayor, clearly stating the following matters:
1. Descriptions of property;
2. Name, and address or trade name of the applicant;
3. Purposes of use and necessity;
4. Terms of lease;
5. Other necessary matters.
(2) Upon receipt of a lease application under paragraph (1), the head of the division responsible for guidance for and supervision of business affairs of the public enterprise or legal entity shall examine the appropriateness of the lease, report to the Mayor thereon, and submit it to the administrator.
(3) Upon receipt of the submission under paragraph (2), the administrator shall execute a lease contract with prior consent of the Seoul Metropolitan Council with regard to the land allotted in recompense for development outlay and available for the lease.

Article 11 (Claim of Compensation) (1) When the administrator discovers that a parcel of land allotted in recompense for development outlay is occupied by someone without permission, he/she shall conduct on-site investigations and verify the building management register, the existing unauthorized building management register and other relevant official records, and then issue a notice to the occupant in attached Form 16.
(2) When the administrator intends to claim compensation to an unauthorized occupant pursuant to Articles 17 and 19 (2) of Ordinance, he/she shall issue the notice under paragraph (1) and a notice demanding the payment of compensation for the period during which the land allotted in recompense for development outlay has been occupied or used for profit without permission by applying mutatis mutandis attached Form 3 of the Enforcement Rule of the Local Tax Act. <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008>

Article 12 (Leasing Procedure, etc.) (1) When it is indented to charge rent pursuant to Article 19 (1) of Ordinance, a notice in attached Form 18 shall be issued to the person upon whom the rent is charged after conducting on-site investigations and verifying the building management register, the existing unauthorized building management register and other relevant official records.
(2) A person who intends to rent a parcel of land allotted in recompense for development outlay shall file an application to lease the land allotted in recompense for development outlay with the administrator in attached Form 19.
(3) Upon receipt of a lease application under paragraph (2), the terms and purpose of the lease, etc. shall be examined to make a decision on whether to agree to lease, and a lease contract shall be executed in attached Form 20, if the lease is agreeable.
(4) When a lease contract on a parcel of land allotted in recompense for development outlay is executed pursuant to paragraph (3), a notice of demanding the payment of rent shall be issued by applying mutatis mutandis attached Form 3 of the Enforcement Rule of the Local Tax Act.

Article 13 (Urging to Pay Rent, etc.) If a person fails to pay a rent or compensation by the deadline given for payment pursuant to Article 20 of Ordinance, the administrator shall issue a notice urging to pay it by applying mutatis mutandis attached Form 3 of the Enforcement Rule of the Local Tax Act. <Amended by Seoul Metropolitan Government Rule No. 3607, Mar. 6, 2008>

Article 14 (Reporting on Results) The head of each Gu shall report to the Mayor on the results of collection of rents and compensations for the land allotted in recompense for development outlay for each month not later than the fifth day of the following month in attached Form 23.


Article 15 (Management of Registers) The administrator shall keep and manage the following registers for each district and may keep supplementary registers:
1. General register of the land allotted in recompense for development outlay (attached Form 24);
2. Register of sale of the land allotted in recompense for development outlay (attached Forms 25 and 26);
3. General register of sale of the land allotted in recompense for development outlay (attached Form 27);
4. Register of leases of the land allotted in recompense for development outlay (attached Form 28);
5. Register of contracts on the lease of the land allotted in recompense for development outlay (attached Form 29);
6. Register of rents collected for the land allotted in recompense for development outlay (attached Form 30);
7. Register of claims for and collection of compensation (attached Form 31).