미등기건물의 관습법상 법정지상권에 관한 연구

The legal ground right system creates legal inequalities between landowners and building owners as a result of the recognition of land right only. In addition, most of the objects in dispute over the establishment of legal ground rights are unauthorized buildings with low economic value, buildings with a long period of time since completion, and land ownership rights are infringed and auctioned. In particular, the provisions of Article 366 of the Civil Act on Legal Rights alone do not specify in which circumstances, in which case, what requirements should be met to establish the statutory rights. Therefore, the requirement for the establishment of statutory rights under the customary law would be to be determined by interpretation, taking into account the legislative intent and the interests of the parties involved in this section. Therefore, it is necessary to recognize the rights of the court only when there is no opportunity to agree on the use of land for the building in the light of fundamental legislation of the legal ground system. Therefore, this thesis examines problems regarding the establishment of legal ground rights under the customary law of unlicensed buildings and presents solutions to them.