독립된 거래객체로서의 건물에 관한 법률문제 연구

Land and buildings are recognized as objects of independent transactions in the domain of property law. In the case of buildings, there are several legal issues depending on the state of the building. For example, Various legal issues may arise as follows: What is the scope of the buildings that are subject to property registration?, Whose ownership is vested in building buildings?, Can a building under construction be registered? and so on. However, in the current law, there is not regulation about the concept of building. We only must satisfy the required conditions to be acknowledged as a building which becomes a target of the real-estate registration by judicial precedents and the regulation concerned with registration : ① a building has to be got settled firmly at the land, ② a building has to be divided in structure(for example : a roof, the four walls of a building and so on), ③ a building may be independently used. There are various demands recently for buildings. And buildings which have various uses and structures have appeared one after another. So, the concept of a simpler building in the past is increasingly difficult to solve. The definition of concept by working guidelines or interpretation is a consistent response to the legislative and legislative issues relating to the building. Therefore, we need to clarify the concept of the building which is the separated object of transactions. In this study, I would review analysis the required conditions to be acknowledged as a building in Korea and Japan(real-estate system of Japan is very similar to real-estate system of Korea). On the basis of review and analysis, I would give careful consideration to concept formulation about these buildings. And then, I would offer a legislative bill on definition of the building which is the separated object of transactions as follows: [Civil Act] Article 99(Immovables and Movables) ① Land and things firmly affixed thereto shall be immovables. All things other than immovables shall be movables. ② In the preceding paragraph, things firmly affixed thereto shall be building that a piece of work that has been settled on land with independent property values and uses and all things other than building.