집합건물 구분소유권의 성립요건-대법원 2013. 1. 7. 선고 2010다71578 전원합의체 판결을 중심으로- = The Requirements of Divided Ownership on Aggregate Buildings-Supreme Court en banc Decision 2010Da71578 Delivered on January 17, 2013-

집합건물 구분소유권이 성립하기 위한 요건을 검토했다.

Three requirements are needed to establish a divided ownership on aggregate buildings. These requirements are that the relevant building (1) be independent in structure(“structural independence”), and (2) has an independent use(“use independence”). Furthermore, although the relevant build may be physically compartmentalized, in order to establish a divided ownership, there must also be (3) a legal act of dividing the ownership thereof. Although structural independence and use independence of a building can be objectively assessed by examining the exterior of a building, there has yet to be a set standard for decisions are split.

Some case precedent states that a building registration is required to establish a divided ownership; other cases hold that divided ownership may be established if the intent to establish a divided ownership is objectively conveyed. According to the Supreme Court study case decision, the Court held that a divided ownership may be established for there exists an objectively recognizable intent to create a divided ownership, and that for a legal act for of dividing the ownership, a registration of the building registry is not required.

This paper will seek to firest analyze the requirements for establishing divided ownership, the related legislative history, as well as the characteristics of various existing cases, and thes assess the validity of the Supreme Court`s holding in the study case decision.