법정지상권의 판례분석을 통한 문제점과 개선방안 연구 = A Study on the Improvement Plan Based on Analysing Precedents in Legal Superficies

다국어 초록 (Multilingual Abstract)

It is difficult to identify how much the legal superficies occupy in the total real estate due to the different owners of the land and the building on it. But it was found that the percentage of the object subjected to the ``possibility of establishment of ``legal superficies``, of the objects for real estate auction, amounted to 5∼7% in case they were confined only to the real estate auction. This study made an analysis of judicial precedents. Results of analysis of judicial precedents showed that the result of their application to the legal superficies did not correspond with the coordination of reasonable interests between the landowner and the building owner adopted to its effect and with the public-interest reason for preventing socioeconomic losses such as the demolition of the building. this study summarized the problems and implication of the legal superficies as follows: First, there was a problem as to the applicable scope of the building. Second, there is a problem related to the common-law legal superficies. Third, there is a problem as to the disclosure or official notice of the legal superficies. Fourth, judicial precedents may extend the scope of recognition and establishment of the legal superficies by adopting the reason for the social and public interest of protecting the building, but legal superficies may cease to exist due to the delay of the rent by the building owner and the expiration of their duration in some cases. Fifth, there is a need to inhibiting the dispute over the legal superficies from occurring.