집합건물 구분소유권의 등기에 관한 연구 = A Study on the Registration for Sectional Ownership of Aggregate Building

집합건물의 구분소유권과 대지권 등기 제도를 연구했다.

영문초록:Today, most of the building which people use are taking the form of aggregate building, which is characterized by the fact that its land and building are transacted as if they were 1 piece of real estate, though they are respectively independent real estates. The institution of aggregate building has introduced the new legal concepts such as the section of exclusive ownership, the section for common use, the site of a building, the right to use site in substantive law, and the institution of the right to use site registration, the new form of registration sheet in procedural law in order to promote the convenience of housing and to make the registration procedure simpler.

Because a different institution from the registration already used was introduced, lots of confusions and problems have appeared in the process of the interpretation and application from the very beginning. The institution of the registration for the sectional ownership in aggregate building has changed many times in the interpretation about the related regulations and the administrative form of practices following the changes of transactional environment and the diversification of the building structure.

Therefore, it is true that even the legal specialists who are dealing with the related laws or the registrars who have practiced for a long time in the registration office are lacking in the correct understanding or knowledge about this area of law and its registration procedure. The purpose of this thesis is to systemize a theory and to find out the direction of the development about aggregate building by providing the alternative for the institutional improvement in the context of the interpretations concerning the present laws and the reasonable legislative opinion. The system of this thesis is composed of two parts.

The former part deals with the basic legal principles of the sectional ownership centered on the area related to the registration procedure, and the latter part deals with the registration procedure for the appropriate disclosure of the aggregate building. Following the introduction of Part 1, Part 2 deals with firstly the history of the Act on the Ownership and Management of Aggregate Buildings. Nextly, the basic legal principles of the sectional ownership are explained in terms of 1. the problem of the requirement for the sectional building and its expansion, 2. the problem of the creation and termination of the sectional ownership, 3.

the problem of the section of exclusive ownership and the section for common use, 4. the problem of the survey registration of the aggregate building, and 5. the problems at issue in the real transactions such as the management of the aggregate building and the reconstruction are explained mainly in the context of the legal doctrine and the decisions of the Supreme Court.

In Part 3, some more concrete problems were analyzed such as ① the use site and the right to it in the aggregate building, ② the dispositional unity between the section of the exclusive ownership and the right to use site, ③ the subordination of the right to use site to the disposition of the section of the exclusive ownership.

Part 4 analyzes the way in which the "right to use site" is disclosed and registered as the "site right" by classifying ① the express and the implicit registrations of the right to use site, ② the registrations expressly for only the building and implicitly for also another registration, and shows what are the effects of the completed registration of the "site right." Part 5 deals with the registration of the change in the site right centered on the reasons and the practical procedures, by the real examples of the registration.

In particular, concerning the "the registration of the change in the site right following the ex post acquisition of the right to use site" which is used broadly especially in the process of the sales of the newly built houses, whether the sectional owner would be able to claim the registration of the change in the site right or not is carefully analyzed. Part 6 covers ① the registration concerning the manifestation of the sectional building, ② the special case in the registration of ownership preservation, ③ the registration implicitly for the common use according to the regulations, as the peculiar registration institutions allowed in the aggregate building.

Part 7 summarizes the discussion which has been examined and theorized above, and provides the alternatives for the improvement of the institution and the legislative opinions related with the legal doctrines of the aggregate building and the registration of the sectional ownership. The summary of what the author is proposing in this thesis as the alternatives for the improvement of the institution and the legislative opinions is as follows:1.

The Requirement for the Sectional Ownership in the Business Section(Sectioned Stores) Even in the case of the sectioned stores, it would be more desirable to determine the scope of the application by the criterion whether the sectioned stores meet the requirement for the sectional ownership than by the number of the aggregation of the floor space. Therefore, Act on the Ownership and Management of Aggregate Buildings 1-2 (2) 2 should be deleted.2.

The Relationship Between the Management Body and the Council of Occupants' Representatives The Management Body in the Act on the Ownership and Management of Aggregate Buildings and the Council of Occupants' Representatives in the Enforcement Decree of the Housing Act should be unified in terms of the legislative systematicness or there should be establishment of the provision that the Council of Occupants' Representatives should be regarded as the Management Body.3. Legal Opinion on the Claim to sell Sectional Ownership Current legal institution allows an owner of site a claim to sell his or her section of exclusive ownership.

However, this institution should be modified to allow sectional owner the right to use