토지와 건물과의 관계

Abstract

Above all, under the current law, the interests of landowners and building owners conflict by separating the ownership of land and buildings, and thus how to adjust the interests of both parties, but the fundamental solution is possible.The research topic on the relationship between land and buildings is clearly attractive. This is because the Korean Civil Law takes a very peculiar composition, even considering that unlike the law of obligations, which has a strong nature of the world common law, in the case of real rights law each country has different historical developments in real estate and is not universal due to its unique customs and traditions. The Western European law, which is our parent law, treats land and buildings as a whole in accordance with the Roman law of “superficies solo cedit(things attached to land become part of it)”, but the Korean Civil Law treats land and buildings as separate real estate, and does not apply the law in conformity with the buildings on land, and the changes in rights of both parties are made separately. Accordingly, it is a well-known fact that the relationship between rights is complicated because land and buildings are transferred, inherited, or secured separately, and there is a risk of loss of social and economic costs such as building demolition. This article started with this awareness of the problem and examined from legal, socio-economic perspectives i) Why does the Korean Civil Law take the individual/independent composition of land and buildings? ii) What are the problems of the current individual/independent composition iii) if the unified composition of land and buildings was adopted as a hypothesis, what would be resolved and what would remain. In legal theory, taking an integral composition makes the relationship of rights simpler and prevents loss of social and economic costs due to the demolition of buildings from social and economic aspects, and above all, under the current law, the interests of landowners and building owners conflict by separating the ownership of buildings from the land, and thus, how to adjust the interests of the two has been a problem, but the fundamental solution to this becomes possible. However, there remains a question of how to take measures from the current individual/independent composition to an integral composition of land and buildings, and the research on this remains a future research project.