관습법상의 법정지상권

관습법상 법정지상권의 법적 성립과 쟁점을 검토한다.

Legal Superficies in Customary Law* Kim Hyun chul Department of law Graduate School, Kyungpook National University Daegu, Korea (Supervised by Professor Kang, Tae Seong) (Abstract) As for judicial civil law principle of private autonomy was based on the sinuichik between signature in accordance with the law regulating relations in harmony, but they think there are any purpose.

One-way or benefits only when opposing ever adopt a transgression as anti-social order and should not be the result or harm the interests of the community Social rule not deviated from the framework of law without violating the personal intention, as long as respectful of the Parties to the maximum of a doctor that lead in the direction consistent with the Enforce any conduct or should not be forcing can't do it any other way.

We can not be legal was a full and also because the court's decision to become a creator of the missing part when filled out of law complement, not law and sign To resolve the dispute between the interpretation, should be applied to become the most sensible and reasonable outcome. Inevitably the Court of the regulations are simple application of specific issues, not only the interest of individuals in accordance with the benefit of our society, not only for countries that are matched with the To be the decision to accomplish, and this cumulative logic or law that served as a nasal sound of another grammar test case as a result that brought about the system.

As we saw in more than statutory superficies customary law is 1916, after the verdict, the Court judgment of the court so far since been recognized as the attitudes of As usual, be recognized.

However, as reviewed above The application and interpretation into a groove is right to apply, in principle of land and buildings, not the same owner is legitimate, Causative acts of destruction of the different impression on the estate, by building to display the intentions of, or withdrawal or lease contract or with other land for usufruct Surface rights if there was no agreement in legal relations by granted by the effects of their economic values are sufficient in the building of public interest as a guarantee of the duration of Socioeconomic In terms of building to prevent unnecessary economic losses resulting from demolition and private benefits associated with the unfriendly to the building owner's property rights inevitably, and at the same time ensuring of land tenure Circumscribed as admitted to the stuff to the landowner to harmoniously the benefits of protons will be chosen method.

Therefore, the case of non-developde land in the newly-constructed building in the building and then constitute the right of third party's first who is not limited by such a case to make a court lacked apostolic succession law, custom.

Land holder of a right of the Third Parties on the right expect losses of ailing or like a nominal trust owner's name can entry, which precludes the need to protect any case, Or condominium ownership as nominal registration not only substantive management of property relations judgment, in accordance with the specific issues such as customs law, the effectiveness of the statutory superficies To reach the conclusion by granting or not allow you to reasonable and valid legal judgments for the efforts. Of course, a land owner's point of view, ownership of major constraints due to statutory superficies of customary law would not be so recognized.

However, the land and buildings can happen in our legislation, which inevitably looked at in isolation such phenomena phenomenon and about own parties to take into account the benefits can't. If you don't recognize this and will not be taken down outside the building and this is the owner of a building entirely with disadvantages of both sides as a result of harmonisation is not a one-sided The form of a loss of property rights can be no outside. But you, do you recognize the right to lease lacked apostolic succession, Land or another type of ticket winners have chosen you as a legislative problem that's on the carefully what will select advisedly.

If the holder of the land and buildings free of any changes, bilateral consultations to elicit the consent of the catchment area of land by a business relationship it is real in it is not an easy task. A land owner will want not to be limited to the land's point of view, as much as possible, and building owners also for ownership of the building in the position of the gunwalesWill want access to the rights of a stable and long-term because it is. When these two-way conflict without a stance is incompatible with what is normal or, to each said he wanted to make a favorable results wrong, either.

If the holder of the land and buildings free of any changes, bilateral consultations to elicit the consent of the catchment area of land by a business relationship it is real in it is not an easy task. A land owner will want not to be limited to the land's point of view, as much as possible, and building owners also for ownership of the building in the position of the gunwales Will want access to the rights of a stable and long-term because it is. When these two-way conflict without a stance is incompatible with what is normal or, to each said he wanted to make a favorable results wrong, either.

Due to this, however, in legal relations established and is difficult to reach an agreement is not delayed, this is the state with no time to customary law, by acknowledging the statutory superficies May be a bigger problem than some problems. Therefore, the meantime, statutory superficies customary law that had been recognized as the court's ruling by the legislation to clarify the legal relations seem to be is the best thing to do. As we take a look at revising the Civil Code on the problem was again in 2013 to complement, including revision of the amendment proposed in 2004. I have been pointed out as a problem that had been problems, and subject to the duration