Building in the Light of the Current Cases of the Judiciary

Building is the structure or plants on the immovable to be permanent. For this reason, it is a constituent part. The previous building or plant owner can have no longer a property right on the building. The real right on the immovable also includes the building. However, both the right owner and the immovable owner can assert some claims due to the building. For example, the party who has the right to claim on the property may file a declaratory judgment action for the building or returning the unjust enrichment. The owner of the immovable may claim some rights such as compensation, demolition, transfer of ownership. In this respect, it is a legal institution that is frequently in practice. Therefore, the richness and diversity of the disputes has been effective in the choice of the subject. Moreover, the judgments of the Court of Appeal that are open to criticism were also analysed. The Court states that the declaratory judgment action for the building is exceptional, but can be filed in some cases, otherwise it should be rejected due to the absence of the legal benefit requirement is not correct.