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Rights of Property

Real Right and Credit


Real right is the right to exercise things directly and exclusively. In other words, in order to directly control real estate without going through other people (direct control right), at the same time, the same real property rights can not be coexistent, excluded (exclusive control) . Therefore, property rights can be said as a very strong right. Therefore, it is necessary to publicly notify the right and its contents to a third party, and it was the registration system that publicly announces real estate by registration. The property rights of real estate includes possession rights, ownership rights, superficies, permanent rights, servitude, entrance rights, right of detention, statutory liens, pledges, mortgages.


A claim is the right to demand certain property acts against a specific person. In other words, it can be said that a credit is a right to a person. A contract between a person and a person can conclude contracts with various contents based on the principle of freedom of contract, but it is only the counterparty of the contract that can claim that right, and even if you insist on a third party, you can not approve it. In that sense a credit can be said to be a weak right. In this case, the person requested is the creditor, and the person requested is called the obligor. Credit related to real estate include right of lease, borrower’s right in commodate, and the claim for Delivery .

Rights to the land and Rights to the building

The right to the land and the right to the building can be broadly divided into the following three.
a. Ownership which is the right to dominate the real estate in full
b. Leasehold rights, tenant rights, etc. that are the right to use real estate by others
c. Mortgage as a right to make real estate as collateral for claims


Among the rights to land, the most important are ownership and leasehold rights.

Ownership is the right for the owner to freely use, revenue, and dispose of possessions within the limits of laws and ordinances. limits of laws and ordinances. Ownership possesses a single thing owned by one person or a case where it is owned jointly by multiple people (shared).

B.Leasehold Rights
Leasehold right is the right to set ground rights on land or rights to lease land as purpose of owning building on Leased Land and House Lease Law/Old Land Lease Law. The superficies are real right, the land lease is credit.

Regarding leasehold rights, there are cases which rent land on a standalone basis and rent land jointly by multiple people (semi-share of leasehold rights). The loan to use refers to the right to use the land without paying the consideration for land use, and it is not the leasehold right stipulated by the Land Lease Tenancy Act and the Old Land Lease Law.(Therefore, there is no receive of protection on the Leased Land and House Lease Law).


Among the rights to buildings, the most important are ownership and tenants rights.

Ownership of the building has ownership of the building and divisional ownership of the building.
a.Ownership of one building
It is a common case that owns a building, like ownership of a detached house.

b.Classification ownership
When parts of one building are classified according to the structure, such as condominiums, if they can be used independently for housing, shops, offices, etc., it is possible to subject each part to ownership. This is called classification ownership.

B.Tenants Rights(rights to building lease)
Building lease rights are subject to the Leased Land and House Lease Law as tenants rights.


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