부동산 법정지상권의 주요쟁점에 관한 고찰

Abstract

This study was initiated in consideration of issues such as the introduction of statutory superficies and legal superficies under customary law excessively restricting land ownership. Major issues were examined through case studies and literature reveiws on statutory superficies related to 3,761 properties auctioned by the Suwon District Court Seongnam Branch from January 2018 to December 2022, and measures to improve statutory superficies were studied.
 As a result of the analysis, statutory superficies mainly occur on land, farmland, and forests and do not occur in new buildings such as apartments but most occur in unregistered buildings, unauthorized constructions, and aging houses.
 To address these issues, first, it is necessary to calculate the remaining period of a building considering its value and determine it as a condition for auction. Second, the application of legal superficies under customary law to unauthorized constructions is unnecessary. Third, there is no need to excessively expand legal superficies under customary law. Fourth, it is necessary to ease the right to claim collective auctions to prevent the demolition of buidlings and facilitate auctions. Lastly, the introduction of a statutory superficies registration order system is needed to enhance the disclosure function of statutory superficies.