부동산경매에서 법정지상권의 불확실성에 따른 법제 개선 방안

This study aims to analyze the impact of legal uncertainty surrounding statutory superficies on the practice of real estate auctions and to propose institutional and legislative improvements. Article 366 of the Korean Civil Act recognizes the establishment of superficies for the building owner when the ownership of land and building is separated due to the enforcement of a mortgage. However, the lack of clear standards regarding the requirements for establishment, scope of effectiveness, and duration has led to repeated uncertainties in rights analysis and frequent disputes in practice. In particular, customary statutory superficies, which are not explicitly stipulated by law but developed through case law, have been criticized for inconsistent interpretation concerning their requirements, legal effects, and duration. Through literature review and case analysis, this study identifies structural limitations of the current system, such as information asymmetry that hinders bidders’ judgment and factors delaying the realization of ownership by successful bidders. Furthermore, it is revealed that repeated atypical assertions of rights by building occupants without clear legal titles cause procedural delays and undermine trust in the auction system. As a result, the study proposes institutional reforms, including the enhancement of the information disclosure system, codification of establishment requirements for statutory superficies, mandatory inclusion of relevant information in the property listing report, and clarification of judicial officers’ investigative authority. This research offers foundational suggestions to resolve the legal ambiguities surrounding statutory superficies and enhance the predictability and effectiveness of the real estate auction system.