집합건물법의 대지사용권과 부동산등기법의 대지권에 대한 법률적 관계 재정립

It is considered that practices fail to distinguish between the right to use land and the right to land in multi-owned buildings. They regard the right to use land in the same light as the right to land, which is likely to be considered as erroneous. As it is required to have a right on the land in order to own a building on land, so it is required to have a right on the land in order for a divided owner to own an exclusive area of the building on land. In condominium, the right to the land upon which the condominium sits in order for the divided owner to own his or her exclusive area is called as "right to use land". There is another notion called "right to land", which should be distinguished from the right to use land. This right referring to a registered right from the right to use land is a term under the Real Property Registration Act to represent the right that corresponds to an exclusive area. The Multi-owned Building Act, in subparagraph 5, Article 2 and Article 4, respectively, defines "land for building" as "land upon which one building containing exclusive areas sits" and "land tha has become a lan for building according to a protocol or an authentic deed", but it does not distinguish the right to own land from the right to use land. The Real Property Registration Act uses the term "right to land" instead of "right to use land". The Multi-owned Building Act has no term of the right to land. As shown above, the two acts use differently with the same term, or they use in the same way with different terms. Accordingly, it is necessary to clearly interpret the terms as well as to redefine the provisions to secure their clarity. The Real Property Registration Act provides for the right to land. As far as this is a right, it should be defined first in the Multi-owned Building Act, a substantial law, and then should be defined in Civil Law and the Real Property Registration Act. However, it is first defined in the current Real Property Registration Act. Accordingly, it is necessary to reconsider whether or not it is appropriate to define it in the Real Property Registration Act, a procedural law. It is further necessary to establish the relationship between exclusive areas and the right to use land as well as between the right to land and the right to use land. In addition, there is a question to what category the right to land in the Real Property Registration Act belongs. Is it a right, power, or right in procedual law? The Real Property Registration Act is regarded as a procedual law. It is considered that it is necessary to have a provision of the definition of the right to land in the Multi-owned Building Act that is a substantive law. In the same time, it is necessary to have provisions of the definitions of the right to land and the right to use land in the Real Property Registration Act that is a procedural law, which will make it possible to distinguish whether or not they are a right or power.