구분소유권 성립시기에 관한 연구 -대법원 2013. 1. 17. 선고 2010다71578 전원합의체 판결을 중심으로- = The Establishment Time for Divided Ownership

집합건물 구분소유권의 성립 시점을 판례 중심으로 연구했다.

In Korea, the transfer of a real right is practiced based on the formalistic legislation system, which clearly recognizes the establishment time and ownership of real rights. In this system, the public announcement of realestate registration can be strengthened. This has been opposed to the legal pragmatism and was caused by separation between land and building. In the most cases of establishment time for divided ownership, the establishment time is defined when the owner appeals intention of distribution by signing a distribution contract or advertising a distribution. Often in other cases, the establishment time is defined not by registration but by preparing a building ledger.

However, this is quite illogical. This is not consistent with the transfer of a real right by formalistic legislation system, and the establishment time is irregular which can cause complexity. Furthermore, from the third person’s point of view, it is hard to know what the content subject of divided building is. Therefore, this study asserts that the establishment time should not be separated; instead, it should be unified into the registration time.