토지와 건물의 이원적 체계로 인한 법정지상권에 관한 연구

Abstract

In the current regulation of real estate, the argument for legal superficies is treated as the individual real estate of land and building fundamentally and real right fluctuations for each are recognized. This study suggests the improvements of problem of legal superficies right (Article 366 of civil law) by mortgage auction, focusing on the dualistic system supplementation of land and building. The first, for overcoming the uncertainty of building concept of legal superficies, the achievement of legal superficies must be recognized by limiting in the buildings which have the value of protection. The second, for improving the uncertainty of achievement condition of legal superficies, the announcing function of legal superficies right must be strengthened. The third, for harmonizing value right of land owning right mortgage, etc. and building using right, blanket disposal system of land and building is necessary. The forth, legislation‧political alternatives are necessary for the fact if the dualistic system of land and building, that the existing legislation of our real estate has been continued, must be maintained continuously.