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Review on the limitation of the effective scope of land ownership for the use of underground space

  • DONG-A LAW REVIEW
  • 2020, (89), pp.31-60
  • DOI : 10.31839/DALR.2020.11.89.31
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : September 11, 2020
  • Accepted : November 19, 2020
  • Published : November 30, 2020

HAN TAE IL 1

1한국건설기술연구원

Accredited

ABSTRACT

As a part of three-dimensional land use to solve the land shortage in large cities, public projects to construct above-ground or underground structures using sectional superficies are in progress. However, still there is the difficulties to acquire the right of using lands. To resolve this, in light of Article 212 of the Civil Act, which limits the effect of land ownership within the scope of legitimate interests, it was reviewed whether it is possible to limit the scope of effect of land ownership collectively for public project. Thus, for underground spaces below a certain depth or air spaces above a certain height, overseas cases that denied the effect of land ownership were examined. As a result, it is thought that the method of making an underground space below the so-called limit depth as public owned land is the most suitable for our situation. To this end, it is desirable to amend the current civil law Article 212 of the'range of legitimate interests' to'the range determined by the law and enforcement decree'. And under the special law, it would be desirable to clarify that the scope of effect of land ownership is limited by the marginal depth, and to establish specific criteria for the marginal depth under the enforcement decree of the same Act.

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