區分所有權 : 私益-共益-公益 = Strata Ownership of Aggregate Buildings : Private-Common-Public

노후 공동주택 구분소유권 종료제도의 입법 방향을 비교 검토했다.

Starting from Ebenezer Howard’s “Garden City” concept, this study examines the legal evolution of strata ownership(I). Specifically, it illustrates how strata ownership, which was previously denied due to its conflict with the modern civil law principle of individual ownership, became established as a “property right created by law” following the emergence of urban crises(II). The paper defines strata ownership as a constitutionally protected property right, emphasizing the legislator’s crucial role in its formation and limitation.

Furthermore, it seeks to protect the rights of sectional owners by re-examining the complementary relationship between the “Act on Ownership and Management of Aggregate Buildings” (the private domain) and “Act on Common Housing” (the public regulation), positioning the former as the general and fundamental law(III). Finally, to evaluate whether the principle of collective restriction in the current Act aligns with the constitutional guarantee of property rights, the study concretely reviews the majority rule, the exercise of voting rights, and the distribution of management authority between the management body and sectional owners(IV).