공사가 중단된 집합건물을 양수하여 완공한 경우 건물소유권의 취득시기 = The time of acquisition of the aggregate building ownership when the building is completed after has been transferred in the condition that the construction had been halted

공사 중단 집합건물을 양수해 완공한 경우 소유권 취득 시기를 검토했다.

The Supreme Court has judged that the assignee acquire originally the ownership of the whole aggregate building because can regard the whole completed building is recognized that the structure and shape of the completed building is equivalent the original design and the contents of the construction as a object of the ownership, when a transferor who is delivered the aggregate building that construction had been halted, kept constructing on the remaining portion and finally has completed the building that may be admitted the structure and shape of the completed building to be equal generally-accepted idea in the society to the contents of the construction permission(This judicial precedent(2004Da67691) is an object of present study).

However, the former Supreme Court had judged that should not decide uniformly whether the building which is under construction treat as an independent immovables, considering the function and utility of the building and must judge whether it is independent immovables, but that the former owner of the building which is under construction must acquire the building ownership if can regard the building as an independent building when such a building is made up the pillars, roof and main walls at least. And the Supreme Court had not judged a matter that the structure and shape of the completed building is equivalent the origina1 design and the construction permission.

On that score, the precedent of the object of study cause a matter of procedure by reason that the Supreme Court had judged by agreement of the part of the Supreme Court Justices despite to judge by agreement of the who1e because the one precedent is opposed to the other.

And it should not approve the conclusion of the one, because, in case of the aggregate building, the former owner of the building which is under construction must acquire originally the building ownership, whatever the complete of the whole of building, if it is completed at least the main walls, pillars and roof of a household which is a object of partitioned ownership, when the household is constructed in the condition that may be distinguished from other households