한국의 입체적 토지이용을 위한 공시제도에 관한 연구 - 권리유형별 활용사례를 중심으로 -

Land use in the past depended vary lagely upon the horizontal use of land surface, but recently demand for the Multi-Dimensional Land Use has rapidly increased due to the necessity of open space, the gravitation of population towards cities, the severity of housing shortage, the congestion of traffic, the arrangements of city planning facilities, and changes in the industrial structure, ect. The metropolitan government has recently announced that it would select a firm, which will draw up a master plan for systematically utilizing the capital`s underground space. Also, the cenral government has announced that the plans to build an underground highway below a section of the Gyeongbu Expressway this year to minimize environmental impact. In that sense, we can say that the promotion for vertical land use is very timely in the efficiency of space use, but the frequency in use is very low public institution's subway construction. As a solution to land problems, spatial, multi-purposeful use of land can be considered, meantime, such attempts as high-rise commercial building/apartment houses, elevated railways, high level roads, underground subways and arcades represent have been done to solve the problem. In Korea, the rights to the for the Multi-Dimensional Land Use have been based upon the Civil Act(§215 Partitioned Ownership of Building, §279 Superficies, §289-2 Sectional Superficies). On the other hand, the registration of the right for the Multi-Dimensional Land Use have been based upon the Registration of Real Estate Act. The purpose of this study are to introduce and revise the related law system about the Multi-Dimensional Land Use, which is strategy solving problems on the urban problems, promoting the effective land use and improving urban environment on traffic facilities. Based on the domestic case studies in which the three-dimensional development of subway and road sites were attempted, this study aimed at analyzing and presenting the land use types and the institutional improvement. It purposes both to compare the rights of the present land use with the present situation in the Registration of Real Estate and to indicate its problems. Finally, I propose the approach for efficiency of land use and improvement of the related law system about the Multi-Dimensional Land Use as follows. 1) There is a need for review on the provisions related to site right in the act on the ownership and management of aggregate buildings. 2) There is a need to supplement of sectional ownership of business center building. 3) There is a need to revise the system of Superficies. 4) There is need to align of the Sectional Superficies and registration of its. 5) There is a need to plan the intergration of the system of cadastral and registration as a long-term alternative.