부산대학교 도서관

In getting mortgages from financial institutions, mortgages are set on mortgage objects as collateral. In particular, when setting mortgages on vacant land, surperficies right is often set at the same time. This is called a collateral surperficies right in practice and the precedent also acknowledges this. Article 279 of the Civil Code provides for surperficies right, and collateral surperficies right is also a kind of surperficies right, but there are some arguments on whether it is valid or invalid due to its slightly different legal characteristics and contents. The object judgment is meaningful in identifying the collateral surperficies right, since the one who has the right to use from the landowner has a different logical flow between the general surperficies right and the collateral surperficies right in opposing the surperficies right holder. This paper examined the necessity and validity of this collateral surperficies right, and expressed its validity. Law must be adapted to change or the passage of time as a component of society, and this may be possible by flexible interpretation, not necessarily the case of law amendment. Since collateral surperficies right is often used in practice and its precedents are recognized and used, it seems to be reaching the legal conviction of the people. Therefore its validity is recognized and the law can be expected to use rationally.