集合建物의 區分所有權에 관한 硏究 = (A) Study on the Divided Ownership of the Collective Building

집합건물의 구분소유권의 법적 성격과 제도를 연구했다.

The rapid growth of economy causes the industrialization and concentration of population in the cities of korea. Accordingly, it makes the effective utilization of land in the cities to urgently. Due to these social phenomena the collective building which utilizes land vetically has made popular various kinds of buildings of divided ownership. It is estimated that buildings o f . divided ownership will continue to be increased and that it's style and structure will be further varieties. In foreign advanced countries, special acts have been legislated or civil code has been reinforced to deal with the legal problems on the divided ownership.

In korea, it is difficult to solve the various problems of the collective building. Because there are few articles in the statutes to controling the legal relationship of the collective building : for examples, only the article 215 of the civil law and the article 104, 105, 106, 107 of the Real-estate Registration Law, etc. These articles seem to become inadequate to deal with the various kinds of current and potential problems, which are concerned with the divided ownership. Therefore, appropriate legal provisions are urgently needed in korea. As a result, the law of the ownership and Management for the collective Building was enacted on April 10, 1984.

This law consists of 66 articles, which has been effective since April 10, 1985. However, this law was, in fact, based on the Japanese law related to the dividied ownership of the collective building, which was enacted in 1962 and revised in 1983. The law of the ownership and Management for the collective Building, in the respect, is not fit practically to the problems in our society. The purposes of this study devote to development of the law of divided ownership, which will be appropriate to resolve our social problems. This study is consist of 5 chapters : The first chapter is Introduction.

The second chapter is the concept and characters of the divided ownership of the collective building. The third chapter is the history of the divided ownership and legislations in other nations. The fourth chapter is the divided ownership of collective building in korean law. The fifth chapter is conclusion.

목차 = ⅲ 第1章 序論 = 1 第1節 問題의 提起 = 1 第2節 硏究의 目的 = 2 第3節 硏究의 方法 및 範圍 = 3 第2章 區分所有權의 意義와 性質 = 5 第1節 區分所有權의 意義 = 5 第2節 區分所有權의 性質 = 6 1. 槪念 = 6 2. 區分所有權의 基本問題 = 7 第3章 區分所有制度에 관한 沿革과 立法例 = 9 第1節 沿革 = 9 1. 로마法 = 9 2. 게르만法 = 9 第2節 주요外國의 立法例 = 10 1. 프랑스 = 10 2. 獨逸 = 12 3. 美國 = 13 4. 오스트리아 = 14 5. 瑞西 = 15 6. 이탈리아 = 16 7. 日本 = 16 第3節 區分所有의 比較法的 考察 = 18 1. 區分所有權의 槪念 = 18 2. 區分所有權의 對象 = 18 3. 立法의 目的 = 19 4. 管理體制 = 19 5. 區分所有權과 垈地와의 關係 = 20 6. 區分所有權의 成立과 消滅 = 20 7. 區分所有權의 權利·義務 = 21 第4章 現行法上 集合建物의 區分所有權 = 23 第1節 集合建物法의 制定과 內容 = 23 1. 立法的 背景 = 23 2. 集合建物法의 制定經濟 = 24 3. 主要 內容 = 25 第2節 區分所有權의 對象 = 27 Ⅰ. 槪說 = 27 Ⅱ. 專有部分 = 28 1. 專有部分의 要件 = 28 2. 專有部分의 物理的 範圍 = 30 Ⅲ. 共用部分 = 32 1. 共用部分의 意義와 類型 = 32 2. 共用部分의 範圍 = 33 3. 共用部分의 所有關係 = 34 第3節 區分所有權者의 權利와 義務 = 35 Ⅰ. 權利·義務의 一般 = 35 1. 權利·義務의 特殊性 = 35 2. 所有權의 측면에서의 權利·義務