집합건물법상 상가의 구분소유권 조항의 개정 검토 = An Analysis of Legislation on Sectional Ownership of Commercial Aggregate Building

집합건물법상 상가 구분소유권 조항의 개정 방향을 검토했다.

In Korea nowadays building is dominated by aggregate buildings such as apartments, commercial aggregate buildings. Article 215 of Korean civil law provides sectional ownership of building. From 1984 Act on the Ownership and Management of the Aggregate Buildings(hereinafter referred to as “Act on the Ownership and Management of the Aggregate Buildings(hereinafter referred to as “Act on the Aggregate Buildings”) has been providing the sectional ownership of building, The separability of a building is decided by two standards: the separability in structure and the separability in use.

Act on the Aggregate Buildings provides the legalground to these standards: The Article 1 of the Act says “Whare several sections, into which one building is structurally divided, may be independently used, each section may be the object of independent ownership under this Act. It requires both the separability in structure and the separability in use. Article 1-2 of the Act, however, amended in 2003, provides that sectioned stores may be the object of ownership, respectively under conditions stipulated by this Act ? use restriction(commercial facilities and transportation facilities) and floor space restriction(not less than 1,000㎡).

Furthermore, it added that the marks cleary demarcating the boundaries on the floor shall be firmly installed, and the marks of building numbers assigned for each sectioned store shall be attached firmly. Shortly, strict requirement of the separability in structure can be softened in special case of the some sectioned stores in the light of special needs for transactions and problem is that reform leaves something to be desired for transaction and practice. Lastly, we come to the bread-and-butter issues for reform of Act on the Aggregate Buildings. The best policy is granting the court to screen practically in case of division and combination of sectioned stores.

Alternative solution is reforming Article 1-2 of the Act. Unreasonable and unnecessary restriction, that is, us restriction and floor space restriction should be repealed. Furthermore, it need to add the requirement of the descriptive statement of division which can make ownership and lease relations clear. Thus, Article 1-2 are able to be more softened.