• Journal of the Korea society of information convergence
• /
• v.7 no.1
• /
• pp.71-81
• /
• 2014

Paper inquire into centering around the judical precedent, futher more refer the literature on this subject by combination documentary method of study and that of law-interpretation and this aims to examine the basis and legitimacy of the legal superficies in customary law, the right of the tomb and present relevant precedents in an orderly manner.

• The Journal of the Korea Contents Association
• /
• v.13 no.5
• /
• pp.223-233
• /
• 2013

As the injunctive effect on the real estate gets announced in public once the seizure register gets exercised in terms of auction and the action of disposal by the real estate owner afterwards becomes nullified in the relationship with a seizure creditor or a successful bidder, the register performed by the cause of disposal action that cannot confront with the seizure or provisional seizure, becomes cancelled in virtue of a registration officer's office. Accordingly, in case of being a singular successor who relatively loses property in a relationship toward the successful bidder due to the injunctive effect of provisional seizure, the identity with building owner and land owner as the precondition of establishing legal superficies according to the custom must be decided based on the time of provisional seizure. The Supreme Court Decision 2010Da52140 delivered on October 18, 2012 has great significance from the fact that it has settled inconsistency in existing precedent cases with such purpose.

• Journal of the Korea society of information convergence
• /
• v.5 no.2
• /
• pp.37-47
• /
• 2012

I generalized and analyzed the Supreme Court's judgements sentenced form Cho Sun High Court of Jus-tice to the present. Morever I tried to establish the system of a theory for surface rights from the viewpoint of the conventional law and present the direction in law-making political side. 1. The legal surface rights from the viewpoint of the conventional law have not been admited by the usage. Therefore I studied in detail its history, examples of foreign law-making, recognition authority and application object.

• Journal of Cadastre & Land InformatiX
• /
• v.51 no.2
• /
• pp.107-123
• /
• 2021

In recent years, due to the continuous density and urbanization of space, the expansion of awareness of rights, the need for landscape conservation, and the development of construction technology, the conventional flat land use has been deviated from the conventional flat land use, and the transmission line, urban railway, parking lot, communal district, underground shopping mall, pipeline, etc. Although 3D spatial activities are carried out in the form of 3D space, there are considerable difficulties in administration to manage the 3D use of land due to the inadequacy of related regulations. In this background, for the administration that can manage Sectional Superficies, which is a representative case of 3D spatial use of parcels, which is a registered unit of land, first, the law on the establishment and management of spatial information, and cadastral re-examination from the legal and institutional aspects Standardization of 3D space registration through amendments to the Special Act, etc. and the formation of consensus among related departments. Second, in technical and administrative aspects, the registration of Sectional Superficies based on cadastral survey results, establishment of a platform for integrated management of location and attribute data, and registration method was found to be in need of improvement. As suggested in this study, by registering and managing Sectional Superficies, it is possible to manage various 3D land use of not only ground space or surface space but also underground space. It is expected to be able to register and manage lot-based 3D land use efficiently.