지하공간의 이용과 토지소유권에 관한 법정책적 고찰

Abstract

Limited land does not meet the growing demand of today's society because of urbanization, industrialization. The interest has gathered for the ground and underground space beyond the existing range of land use. In particular, the interest about the underground space is increasing. Because there are difficulties in obtaining rights about use of underground space for infrastructure construction. But people who want to use the underground space is needed legal title to take advantage of the underground space(ownership, divided superficies, other title etc.). So we need a review in private law to the efficient use of underground space. The starting point for the analysis using the underground space is the interpretation of Civil law article 212 - Article 212 (Scope of Ownership of Land) Within the scope, where a justifiable profit exists, the ownership of land extends both above and below its surface. We can solve the problem related to the efficient use of the underground space through the interpretation of Civil law article 212 - settlement of divided superficies, just compensation about limitation of ownership etc.. In this study, I reviewed about the concept and need to use of underground space. And then, I reviewed the interpretation of Civil law article 212 about scope of land ownership. However, we need to approach in legal policy about use and ownership of underground space because of diversification by science and technology, change of commercial value about land or functional value about land. So, in the second half I reviewed method in terms of legal policy for the efficient use of underground space in terms of harmony between use and ownership.