民法 第366條의 法定地上權 = Legal Superficies in Act366 of Civill Law

다국어 초록 (Multilingual Abstract)

The main case of legal superficies in various situation is the superficies law in act 366 of civil law. The same owner of a land and a building can hold the right of employing the land for the purpose of the building as his/her own property right though the owner permits mortgage of either a land or a building. However, the other new owner who takes one of properties by the auction should take up the right of employing it as his/her own legal right. In this case the problem between a land owner and a building ower can occur. As a resulting of the auction that they have not intended before, they do not mention the agreement of making use of the separated properties such as ground right engagement contract or land lease contract.
The building owner should get rid of the building when they cannot negotiate on the matter each other. Civil law provides act 366 for the right of the separated owner in order to avoid this kind of irrational dispute.
The law guarantees the right of a building owner in using the land that belongs to the building, because the law interprets that the land owner has already intended to provide legal superficies for the building owner in case that the right of two properties should be separated by auction.
This article studies the previous researches and iudgments related with the established conditions on legal superficies in act 366. The purpose of this article is to make a clear interpretation of the concept of legal superficies, and tries to apply it on the effectiveness in order to provide an appropriate solution in the area.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 成立要件
• Ⅲ. 效果
• Ⅳ. 맺음말
• 【참고문헌】
• 【Abstract】