토지이용권에 대한 법경제학적 분석

Abstract

Currently, the modern law established in the 19th century has reached its limits and the world is seeking for new legal system because of the global conclusion of FTA. However, the mainstream of our precedents take a position, sacrificing the person with land use rights based on the premise guaranteeing the superior status of the person with land use rights, the thought of the modern civil law. In the economic system of capitalism, capital is invested in the relation of production, and the surplus of production leads to re-investment. So it is important to contribute to producing more. If so, we must think of the nature of land in the capitalistic economic system, as "its use“. Thus, in this paper, the tenant's rights to demand for the ground facilities purchase, as land use rights, was investigated through law-and-economics analysis. It is demonstrated that economic efficiency is realized when the tenant's rights to demand for the ground facilities purchase is acknowledged. Thus, its seems necessary for the Supreme Court, along with the revision of the applicable regulations, to establish the principles for protecting the person with land use rights, in other words, for the interpretation of strengthening of the status of the person with land use rights contributing to the relation of production in capitalism and having higher loyalty