지하공간 활용의 권리보완을 위한 제도적 개선에 관한 연구

Abstract

As urbanization and industrialization develops, the necessity of utilizing scarce land in three dimensions is raising. The issue of utilizing underground space is being actively discussed particularly when Geyeonggi-do announced GTX(Great Train Express) construction plan which aims to relieve traffic congestion in metropolitan areas. The current regulation on compensation of underground space is based on 「Regulations on compensation standard complied by using underground space for construction of urban railway」 but it is difficult for covering the whole rights to protect a three-dimensional right. In this context, the study is to propose the improvement plans of land right’s problem and compensation issues to utilization of underground space for the right complementary. To do this, the study reviews the use situation of the classification surface right and using adjudication which defines the effect scope of underground space extending land ownership. As well as it analyzes issues about compensation standard for utilizing of underground space.