Earticle

초록

영어

The concept of real property depends on the time and place. It can be expanded or reduced, depending on the point of view. Therefore, we need to confirm the concept of the real estate. Thus, according to Article 99(Real Estate Provisions) of Korean Civil Code, lands and their fixtures are regulated as real property. The concept of land is simple, but fixtures are very diverse and their legal relationships are very complicated.
Although real estate concept is defined by the law, but it is still unclear because of fixtures. There are three types of fixtures in the Korean legal system, and they are treated differently. The first things are independent fixtures, which are buildings. Land and the building are treated in the same way. The second things are dependent fixtures, which are road paving, pedestrian overpass, Stone steps, stone walls, bridges, and so on. They are a part of land. The third things are semi-dependent fixture, which are trees, a tree, fruits, and so on. In principle, they are treated as dependent fixtures, but sometimes they are treated as independent fixtures, under certain conditions, according to the agreement of the parties.
In Western countries such as Germany, France, England, fixtures are a part of real property, and lands and buildings are an integral part of real property; however, in Korean legal system, land and buildings are treated as a separate and independent object, even though our legal system followed the German legal system. The real estate ownership in Korea was formed by japanese occupation and annexation because Japan forced us adopt their legal system, However, after the liberation, we have embraced Japanese law uncritically. Even though late, it is time to redefine the concept of the real estate.
As mentioned above, because of the notion of the fixtures, real estate concept is unclear. one way to clarify the concept of a real estate make every fixture become part of real property as in Germany. To the end, we need to amend the Korean Civil Code. Especially, the building need to be treated as a part of land. We know that it is very difficult task and takes a long time, but we should try to change our legal system of real property. Otherwise, we will experience legal disputes relating to the real estate, and a huge waste will continue.

목차

Ⅰ. 서론
 Ⅱ. 부동산의 개념과 그 문제점
  1. 토지
  2. 토지의 정착물
  3. 부동산 개념의 문제점
  4. 소결
 Ⅲ. 토지와 건물의 이원적 소유권체계
  1. 토지와 건물의 이원화된 배경
  2. 토지와 건물의 이원적 구성에 따른 문제
  3. 소결
 Ⅳ. 부동산 개념의 재정립
  1. 부동산 개념의 단일화
  2. 토지와 건물의 일체적 구성
  3. 토지와 건물의 일체적 구성과 타물권과의 관계
 Ⅴ. 결론
 [참고문헌]
 

키워드

부동산 개념 토지 건물 정착물 이원화 real property real estate concept land building fixtures

저자

• 이상영 [ Lee Sang | 동국대학교 법과대학 교수, 법학박사 ]
• 권 현 [ Kwon Hyun | 동국대학교 일반대학원 법학과 박사 수료 ]

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