集合建物의 所有·管理에 關한 法的 考察 = (A) Legal Study on the Ownership and Management of Collective Building

집합건물의 소유·관리와 관련한 법적 쟁점을 고찰했다.

The demand for housing has increased greatly by concentrating population on cities followed by urbanization and industrialization since the 1960's in Korea. Accordingly, it became the most urgent task to workout the scheme for effective utilization of land in the cities. And collective buildings make a great contribution to solve the problem such as overpopulation, shortage of building lot, continuously rising prices of land. Now, collective buildings have become a generalized mode of housing.

In order to regulate many legal problems derived from the collective buildings, the law of the ownership and management for the collective buildings has been enacted on April 10, 1984 and has come into force on April 10, 1985. The reason is that various, complicated legal issues in the collective buildings couldn't be solved reasonably by only article 215 in civil law. By this law, the divided ownership is the ownership for independent parts of the building in structure and function and the divided ownership building means each parts under regulation of this law.

Because the divided ownership regulates the legal relationships among the many people of the collective buildings, it has not a few character different from the general ownership nevertheless the name 'ownership'. The essence of the divided ownership right is the united right of three other elements - the owner's monopolistic using part, public using parts and necessary land using right. Because the divided ownership right is 'one' united right, when divided ownership building is sold, it transacted one right on the whole.

In order to unification harmonious public life among divided owners, divided owners can take three type of sanction against the obnoxious acting divided owner accordingly to the autonomous rule and the congregation. However, this law is, in fact, founded on the Japanese Law related to the divided ownership of collective building, which was enacted in 1962 and revised in 1983. In this respect, the law may not be fit to the problems in our society. This thesis is intended to find out solution about many problems resulting from collective building by the comparative legal study and interpreting the law on the ownership and management of collective building.

This thesis is composed of 7 chapters. The contents are as follows. Chapter Ⅰ. The purpose of the study, the method and scopes of the study. Chapter Ⅱ. Some examples on the legislative act in foreign countries including in France, Germany, the United States of America, Japan and the comparative legal study on divisional ownership. Chapter Ⅲ. The object of divisional ownership and common use part. Chapter Ⅳ. The legal rights and duties of owners of divided parts and protection of tenants leasing collective building. Chapter Ⅴ. The rights of using building site. Chapter Ⅵ. The management of the (collective building. Chapter Ⅶ.

The proposals in the present divided ownership of the collective building are suggested in conclusion.

목차 = ⅰ 第1章 序論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 方法과 範圍 = 4 第2章 區分所有制度에 관한 比較法的 考察 = 5 第1節 沿革 = 5 1. 로마法 = 5 2. 게르만法 = 6 第2節 各國의 立法動向 = 7 1. 프랑스 = 7 2. 獨逸 = 10 3. 美國 = 16 4. 日本 = 19 5. 韓國 = 21 第3節 比較法的 考察 = 25 1. 區分所有權의 對象 = 25 2. 區分所有權과 垈地와의 關係 = 26 3. 區分所有者의 權利義務 = 26 4. 管理體制 = 27 5. 區分所有權의 紛爭과 救濟 = 27 6. 私見 = 28 第3章 區分所有權의 對象 = 29 第1節 專有部分 = 29 1. 專有部分의 要件 = 29 2. 專有部分의 物理約 範圍 = 32 第2節 共用部分 = 36 1. 共用部分의 所有關係 = 36 2. 共用部分의 種類 = 37 第4章 區分所有者의 權利義務와 賃借人의 保護 = 41 第1節 專有部分에 대한 權利義務 = 41 1. 共同利益 尊重義務 = 41 2. 專有部分의 使用請求權 = 44 第2節 共用部分에 대한 權利義務 = 44 1. 共用部分에 대한 共有持分 = 44 2. 共用部分의 使用 = 45 3. 共用部分의 管理 = 46 4. 共用部分의 變更 = 47 5. 共用部分의 負擔·收益 등 = 48 6. 共用部分의 利用에 관한 特性 = 48 第3節 賃借人의 保護 = 51 1. 專用部分 占有者의 基本的 義務 = 52 2. 規約 및 集會決議의 效力과 占有者의 意見陳述權 = 53 3. 義務違反者에 대한 制裁措置 = 55 第4節 私見 = 57 第5章 集合建物의 垈地使用關係 = 61 第1節