@article{ART002655761},
author={HAN TAE IL},
title={Review on the limitation of the effective scope of land ownership for the use of underground space},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2020},
number={89},
pages={31-60},
doi={10.31839/DALR.2020.11.89.31}
TY - JOUR
AU - HAN TAE IL
TI - Review on the limitation of the effective scope of land ownership for the use of underground space
JO - DONG-A LAW REVIEW
PY - 2020
VL - null
IS - 89
PB - The Institute for Legal Studies Dong-A University
SP - 31
EP - 60
SN - 1225-3405
AB - 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.
KW - three-dimensional land use;the limitation of the effective scope of land ownership;limit depth;landing for public ownership;Navigable Airspace
DO - 10.31839/DALR.2020.11.89.31
ER -
HAN TAE IL. (2020). Review on the limitation of the effective scope of land ownership for the use of underground space. DONG-A LAW REVIEW, 89, 31-60.
HAN TAE IL. 2020, "Review on the limitation of the effective scope of land ownership for the use of underground space", DONG-A LAW REVIEW, no.89, pp.31-60. Available from: doi:10.31839/DALR.2020.11.89.31
HAN TAE IL "Review on the limitation of the effective scope of land ownership for the use of underground space" DONG-A LAW REVIEW 89 pp.31-60 (2020) : 31.
HAN TAE IL. Review on the limitation of the effective scope of land ownership for the use of underground space. 2020; 89 : 31-60. Available from: doi:10.31839/DALR.2020.11.89.31
HAN TAE IL. "Review on the limitation of the effective scope of land ownership for the use of underground space" DONG-A LAW REVIEW no.89(2020) : 31-60.doi: 10.31839/DALR.2020.11.89.31
HAN TAE IL. Review on the limitation of the effective scope of land ownership for the use of underground space. DONG-A LAW REVIEW, 89, 31-60. doi: 10.31839/DALR.2020.11.89.31
HAN TAE IL. Review on the limitation of the effective scope of land ownership for the use of underground space. DONG-A LAW REVIEW. 2020; 89 31-60. doi: 10.31839/DALR.2020.11.89.31
HAN TAE IL. Review on the limitation of the effective scope of land ownership for the use of underground space. 2020; 89 : 31-60. Available from: doi:10.31839/DALR.2020.11.89.31
HAN TAE IL. "Review on the limitation of the effective scope of land ownership for the use of underground space" DONG-A LAW REVIEW no.89(2020) : 31-60.doi: 10.31839/DALR.2020.11.89.31
