관습법상 법정지상권의 내용과 입법안

Abstract

In Korea legislation, land and buildings are treated as separate real estate, so buildings and their land are always traded as separate real estate. In fact, buildings are in nature related to the use of certain land. However, there is only a difference in the requirements of establishment under the common law, and there is no difference from the requirements of establishment, and the legal ground right is the same as the ground right except for the requirements of establishment. Therefore, the legal ground right under common law is no different from the ground right in its nature. In this discussion, we will examine the establishment, content, competitiveness and transfer of legal ground rights under common law, and finally examine the problems of judicial precedence theory that recognizes legal ground rights under common law. In particular, it is necessary to reconsider the existing theory in light of the recent rise in the view that the Supreme Court's judicial precedents to acquire legal ground rights under common law still remain in force as legal norms. Therefore, it is judged that it is more necessary to critically study legal ground rights under common law as one subject. Therefore, in this discussion, the legislative theory was raised by reviewing the requirements for the establishment of legal ground rights under the common law, the scope of recognition, and the incomplete disclosure.