집합건물 구분소유권에 관한 소고 = A Study on the Divided Ownership of Aggregate Buildings

집합건물의 구분소유권과 부동산등기 제도를 고찰했다.

The unit ownership of a building represent the right to occupy a portion of the building as a separate dwelling, store, office, etc. The buildings with multi-unit ownerships are subdivided according to the intended purposes of them into apartment building, tenement house, store, or office building. Such buildings are as a whole call a Aggregate buildings. For being a Aggregate buildings, it needs to independent object factors of structure and using, and to subjective factors of divided owner’s intention. Now days, these subjective factors become more important.

There are some arguments that these Aggregate buildings’ property for divided own is kind of joint ownership such as sharing, joint ownership, and gesamteigentum because of a corporation act characteristic or has new properties which are unlike ordinary sharing, joint ownership, and gesamteigentum. However, it is not a new type of ownership but a sole ownership like existing ownership. Our Aggregate buildings’ law referred to European countries’ and Japanese one. However, since the roman, because of principle that building is belong to land, European tried to understand that the Aggregate buildings, the building and land formed as one thing , is a new different type of Reality.

During accept the Aggregate buildings, hard law theory and many chimerical rules are made. According to our law, we have understudied that land and buildings are different things and have registered that way. So, I can sure that Aggregate buildings’ exclusively part, common area, and land can be batch together for registering one stuff in Korea. If we reflect our law’s property and use advanced IT, we can post register of Aggregate buildings more accurately. If registration act and Aggregate buildings act are revised, Aggregate buildings trade security will improve. So, market can gain high trust.