스마트 지적정보 기반 새마을도로 재산권의 효율적 관리 방안 연구 :A Study on the Efficient Management of Property Saemaul Road Based on Smart Cadastral-Information

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자료유형: 학위논문

저자정보: 장윤호 (인천대학교, 인천대학교 대학원)

지도교수: 이용창

발행연도: 2023

저작권: 인천대학교 논문은 저작권에 의해 보호받습니다.

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지적 빅데이터 기반 새마을도로 재산권 관리의 효율화 방안 연구

장윤호 , 이창한 , 이용창 한국지적정보학회지 2023.08 학술저널

스마트 지적정보 기반 새마을도로 재산권의 효율적 관리 방안 연구

장윤호 도시건설공학과 2023.01 학위논문

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2020년 5월 30일, 국민권익위원회 교통도로민원과는 “30년 전 보상 않고 공익사업에 편입된 토지, 내부기준을 마련해 적극 보상해야”라는 제목의 보도자료를 발표하였다. 이 기사에서 의미하는 ‘공익사업에 편입된 토지’는 보상금 없이 공익사업에 편입된 토지(이하 미불용지)를 의미하는데, 미불용지에 보상문제를 법원 판결로만 해결하려는 것은 소극행정에 해당한다는 것을 인정하고 공익사업을 시행하는 기관은 미불용지에 대한 보상을 적극적으로 검토하라는 내용이었다. 1960년대부터 우리나라의 급속한 경제성장을 이룩할 수 있었던 근간은 바로 도로 인프라의 구축이었다. 서울과 부산을 잇는 고속도로가 신설되었고, 수많은 지선이 경제개발 5개년 계획에 따라 국토를 수놓았으며, 농촌지역도 생산물을 빠르게 실어 나를 수 있는 ‘새마을도로’가 수없이 개설되었다. 지자체와 리 단위의 마을공동체는 합심하여 경운기와 트랙터가 다니지 못해 생산률이 저하되는 부분의 소로 주변의 개인 필지를 희사하여 주민자조사업 형식의 도로확장공사를 이루어냈고, 그결과 우리나라는 눈부신 경제성장을 함과 동시에 전세계 어디서도 볼 수 없는 촘촘한 도로 교통망을 보유하게 되었다. 하지만 눈부신 발전 뒤에는 행정적으로 미흡한 부분이 존재할 수밖에 없었다. ‘새마을운동 일환으로 주민자조사업을 통해 개설·확장된 도로(이하 새마을도로)’들은 사유 토지 도로 편입 부분에 대해 ‘토지분할’등의 측량행위가 이루어지지 않았고, 이에 따라 지적공부 정리가 이루어지지 않았다. 또한 일부는 통행도로로 사용하고, 잔여 부분은 다른 용도로 사용하는‘이지목(異地目)’형태의 필지로 잔존하여 현실지목화가 이루어지지 않는 토지 관리 문제가 발생하였다. 1991년 공익사업법 시행규칙 개정 時 새마을도로는‘사실상의 사도’에서 삭제되었는데, 이로써 종전과는 달리 토지소유자가 스스로 토지를 사업에 제공(희사)하고, 그 도로로부터 편익을 보고 있다 하더라도 그 도로가 새마을사업에 의해 개설되었다면 사실상의 사도로 볼 수 없으며 오히려‘미불용지’에 준하는 도로로 보는 것이 타당하다는 시각이 현재는 지배적이다. 따라서 새마을도로를 가진 소유자들의 재산권 행사를 막을 수 있는 법적 제한이 없기에 향후 공공의 편익을 위해 사용하고 있던 개인 소유의 도로필지에 대한 사유재산권 행사로 대두되는 도로 통행 제한등의 2차 피해의 발생 빈도는 향후 지속적으로 높아질 것으로 사료된다.
본 연구는 스마트 지적정보 기반 새마을도로 재산권의 효율적 관리 방안을 모색하는 것을 목적으로 한다. 이를 위해 연속지적도, 토지소유정보, 토지이동정리연혁, 공시지가정보, 통계자료 등의 빅데이터 수집 및 융합을 통해 스마트 지적정보를 구
축한다. 이를 통해 현재 사도대장 등에서 관리되고 있지 않은 ‘새마을도로’에 대해 지적(地籍)정보를 활용하여 정의하고, 이후 빅데이터 기반 GIS분석을 통해 우선적으로 관리 및 보상처리를 해야 하는 대상필지를 추출한다. 마지막으로 해당 데이
터를 기반으로 향후 사유 재산권 행사 등으로 인해 발생할 분쟁문제를 저감하기 위해 지적재조사사업과 국가개발사업, 조례 제정 등을 통해 대응하는 안을 제시한다. 연구 결과, 구축된 스마트 지적정보를 활용한 공간분석으로 현행도로 중 ①필지
분할이 되지 않고 도로부와 이지목 현황이 존재하며, ②지목이 도로가 아니며, ③개인소유의 필지들을 도출하여 실제 현행도로 편입부분과 중첩한 결과물을 새마을도로로 정의할 수 있었고, 해당 정보에 소유권변동, 연령, 거주지정보를 융합하여 최우선적으로 관리 또는 보상이 실시되어야 할 대상필지를 추출할 수 있었다. 연구대상지 1,714필 중 소유권 주장을 제기할 수 있는 도로 필지가 477필이라는 정량적결과 도출 및 필지별 공간·속성 해석을 통해 분쟁 문제를 저감하기 위한 효율적
재산 관리의 기초 자료 및 방안을 제시하였다.

On May 30, 2020, the Traffic & Road Complaints Division of the Anti-Corruption and Civil Rights Commission released a press release titled “Land incorporated into the public utilities 30 years ago without compensation should be actively compensated by newly-made standards” The term “Land incorporated into the public utilities” in this article means incorporated land into the public utilities ‘without compensation’ (hereinafter referred to as unpaid land), acknowledging that attempting to resolve the issue of compensation for unpaid land only by a court decision constitutes passive administration, and the institutions that implement the public utilities should actively consider compensation for unpaid land. The basis for Korea’s rapid economic growth since the 1960s was the establishment of road infrastructure. Expressways connecting Seoul and Busan were
newly established, numerous branch lines embroidered the country under the five-year economic development plan, and countless “Saemaeul Roads”were opened to transport products quickly to rural areas. Local vernments and village communities in ‘RI’ unite worked together sacrificing private plots around the small roads in areas where the production rate is low due to the unavailability of the cultivators and tractors and accomplished road expansion in the form of a resident self-help project. As a result, Korea achieved remarkable economic growth, making a dense road transportation network that could not be found anywhere else in the world. However, behind the remarkable development, administrative deficiency was bound to exist. As part of the Saemaul Undong Movement, surveying activities -such as “land division”- on the incorporation of private plots were not carried out for the roads(hereinafter referred to as Saemaul roads) opened and xpanded
through resident self-help projects and accordingly cadastral studies were not organized. In addition, some of the land was used as a passageway, and the other part remained in the form of “different land category” used for other purposes, resulting in a problem of land management in which land zoning was not realized. When the Enforcement Regulations of the Public Utilities Act were revised in 1991, Saemaul Road was deleted from the “de facto private roads”, and unlike before, even if land owners provide (sacrifice) land to the project and benefit from the road, the prevailing view is that it cannot be regarded as the de facto private road, rather it could be regarded as the unpaid land - the road was opened through the Saemaul movement project. herefore, since there are no legal restrictions to prevent the exercise of property rights by the owners of
Saemaul Road, the frequency of secondary damage such as road traffic restrictions on private property rights of private roads used for public benefits is expected to continue to increase in the future.The purpose of this study is to find ways to efficiently manage the property rights of Saemaul Road based on smart cadastral information. To this end, smart cadastral information would be established through the collection and onvergence of big data such as continuous/serial cadastral maps, land ownership information,
land movement arrangement history, official land price information, and statistical data. Through this, “Saemaul Road” that is not currently managed by the private road data is defined using cadastral information, and then, through BigData-based GIS Analysis the target parcels that should be managed and compensated first are extracted. Lastly, based on the data, a practical suggestion is presented through cadastral reinvestigation projects, national development projects, and ordinance enactment to reduce disputes arising from the exercise of the private property rights in the future.
As a result of the study, by spatial analysis using the established smart cadastral information, ① there was no division of land and current status of roads and “different land category”② that was not used as a road and ③ the result of overlapping the actual road incorporation could be defined as Saemaul roads by deriving privately owned lots. Also, by converging ownership change, age and residence information with the relevant information, it was possible to extract target parcels that should be managed or compensated with the highest priority. Basic data and measures for efficient property management were presented to reduce dispute problems by deriving quantitative results that 477 road lots that could claim ownership out of 1,714 parcels and interpreting space and attributes by lot.

#새마을운동 #새마을도로 #사실상의 사도 #미불용지 #스마트 지적정보 #Saemaul Undong Movement #Saemaul Road #De facto private road #unpaid land #smart cadastral information

국문초록 ····························································································································· ⅰ
목 차 ····························································································································· ⅲ
표 목 차 ····························································································································· ⅵ
그림목차 ····························································································································· ⅶ
제 1 장 서 론 ··········································································································· 1
1.1 연구 배경 및 목적 ·································································································· 1
1.2 연구 동향 ·················································································································· 4
1.3 연구 방법 ·················································································································· 5
1.4 연구흐름도 ················································································································ 6
제 2 장 이론적 배경 ······························································································· 7
2.1 새마을운동 ················································································································ 7
2.2 지적측량 ···················································································································· 9
2.2.1 지적측량의 종류 ································································································· 9
2.2.2 법원감정측량 ····································································································· 10
2.3 공간정보 구축 기술 동향 ···················································································· 11
제 3 장 스마트 지적정보 구축 ··········································································· 12
3.1 국가공간정보포털(NSDI) 빅데이터 수집 ··························································· 12
3.1.1 연속지적도형정보 ····························································································· 13
3.1.2 토지소유정보 ····································································································· 15
3.1.3 토지이동정리전/후(연혁) ················································································· 18
3.1.4 개별공시지가정보 ····························································································· 20
3.1.5 지적통계연보 ····································································································· 22
3.1.6 실폭도로 ············································································································· 24
3.2 국토교통부 실거래가 공개시스템 빅데이터 수집 ·········································· 25
3.3 국세청 빅데이터 수집 ·························································································· 27
3.3.1 연도별 증여세·상속세 신고현황 ······························································· 28
3.4 스마트 지적정보 기본 데이터셋 구축 ······························································ 29
제 4 장 새마을도로 우선관리대상필지 추출 ··················································· 32
4.1 연구대상지 선정 ···································································································· 32
4.2 새마을도로의 정의 ································································································ 33
4.3 정성적 위험인자 해석 ·························································································· 35
4.3.1 최근 10년간 주요지목 변동 추이 ································································· 36
4.3.2 상속세 및 증여세의 자본이동추이 파악 ····················································· 38
4.3.3 소유권 변동에 따른 관외지역 거주자 정량화 ··········································· 40
4.3.4 홍성군 연령대별 토지소유 변화 추이 분석 ··············································· 41
4.4 GIS TOOL활용 공간분석 수행 ············································································ 44
4.4.1 스마트 지적정보 활용 새마을도로 의심지 시각화 ··································· 45
4.4.2 새마을도로 우선관리대상필지 추출 ····························································· 47
4.4.3 연구대상지 통계분석결과 ··············································································· 52
4.5 우선관리대상 선정 기준 고찰 ············································································ 54
4.5.1 정성적 해석에 대한 고찰 ··············································································· 55
4.5.2 공간적 분석에 대한 고찰 ··············································································· 62
제 5 장 분쟁 문제 저감을 위한 사전 대응 방안 ········································· 66
5.1 지적재조사사업 연계 조정금 보상 ···································································· 66
5.2 지자체 지목현실화 사업 ······················································································ 68
5.3 정부·지자체 추진사업과 연계한 토지수용 ···················································· 70
5.4 지자체 조례제정을 통한 입법지원체계 정립 ·················································· 72
제 6 장 결 론 ······································································································· 73
참고문헌 ····························································································································· 75
Abstract ······························································································································· 78
감사의 글 ··························································································································· 81

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