법정지상권의 개정

Revision of Civil Law on Statutory Superficies

Article 366 of civil law that provides for Statutory Superficies is a material provision on hypothec. It means the relation to foreclosure of hypothec. However, it is said that there is a great disparity in article 366, that was not once revised after it had been enacted in 1958, and present cases or theory on such provision. It is thought that the revision because of losing the difference is necessary. Necessity of the revision that can show transparent interested person s right over hypothec is incontrovertible. This study concretely proposes the revision of article 366 of civil law upon the situation of cases and theories. The proposal presents making the most basic pattern to which statutory superficies is approved and the opposite pattern in the Civil Law. As a result, a more transparent predictability concerning statutory superficies will be given.