프랑스민법상 토지에의 인공적 부합(附合)과 물권적 청구권

Article 256 of the Civil Code states that attachment to real estate refers to something that is attached or combined with real estate and, by social convention, is recognized as a single real estate. To determine whether a movable asset is attached to real estate, it is necessary to judge whether it can be an object of separate ownership. In cases where a movable asset is recognized as an independent object, regardless of whether title exists, attachment is deemed not to have occurred. Unlike Korean civil code, under French civil code, ownership of an attachment to real property, especially an artificial attachment to land, belongs to the landowner, regardless of whether the attachment is movable or immovable. This also applies equally to cohabitants and tenants. In other words, unless there is a separate agreement or stipulation regarding the attachment, the object attached to land is, in principle, vested in the landowner. Additionally, it is presumed that the relevant adjuncts belong to the landowner as they were made at the landowner’s own expense. French civil law distinguishes the attribution of ownership over fixtures in cases of artificial accession to land as follows: first, the party bearing the cost of buildings, trees, and structures; and second, the party that constructed, planted, or carried out the work. In particular, regarding the second case involving construction, planting, or work by a third party on another’s land, it protects the third party acting in good faith by distinguishing between the third party's good faith and bad faith and presenting different solutions accordingly. And if the landowner wishes to possess the fixture, it can be interpreted that equity is sought between the interests of the landowner and the third party who built, planted, or performed construction on another’s land by requiring the third party to compensate for it regardless of whether they were in good faith or bad faith.