지역사회 토지이용자의 지상물매수청구권에 관한 연구

Abstract

The Article 23 of the Constitution is being prescribed with saying that “The property rights of all citizens shall be guaranteed, but their contents and limits shall be determined by law, and that the exercise of property rights shall be allowed to be appropriate for public welfare.” The fundamental purport of this regulation is being interpreted to be what the acceptance, use or restriction of property rights due to the public needs is exceptionally permitted only if the requirements prescribed by the Constitution are met while giving a guarantee to the free use, profit, and disposal of all citizens' property rights under the basic principle dubbed the guarantee of the private property system.
 By the way, as the mandatory provision with saying what is available for asking a landowner to buy at a certain price without removing or collecting the ground objects by land users given the expiration date after the use or profit in accordance with the agreement of the parties concerning the land of another person, it is being regarded as the formative right. However, in terms of applying and interpreting the Article 283 of the Civil Code by the person with superficies pertinent to the Right to Demand for the Ground Facilities Purchase, it is considered to be appropriate to see it as a case of corresponding to being below the minimum duration of the superficies in the Article 280 of the Civil Code according to the term of the contract of the parties.