不動産所有權으로서 集合建物의 垈地權에 관한 硏究 = (A) study on the use of a lot of the collective building as real estate property

집합건물의 대지권을 부동산 소유권의 관점에서 연구했다.

With the development of social life, people’s lifestyle and residential culture are also changing. In the past when demand for housing was low and large families were common, most of residences were detached houses and there was no particular housing problem. With industrial development and the change of family consciousness in a way of pursuing convenience and economic efficiency, however, the form of residence began to change to collective buildings(aggregate buildings).

The traditional Civil Code and the Registration of Real Estate Act based on the Civil Code began to show their limitations in regulating aggregate buildings, and as a result, 'the Act on the Ownership and Management of Aggregate Buildings’ (referred to as "the Act on Aggregate Buildings" hereinafter) was established and enacted in 1984 for protecting division owners of aggregate buildings and coordinating their interests in their communal life. Because aggregate buildings were being constructed during that period, people’s concern was focused mainly on the independence and ownership of buildings, and less on the independence and ownership of the lands. As a result, now a number of unexpected problems are arising, and one of them is the Use of a Lot(the site right) of aggregate buildings.

When aggregate buildings were constructed, buyers (division owners) were concerned over the floor area of the buildings, and were indifferent to the lot area. However, with the rapid progress of urbanization, the sites of aggregate buildings, which had been located in suburban areas when they were constructed, came to be situated in urban centers, and even fueled by real estate speculation, the land price of aggregate buildings soared up high. Accordingly, the division owners of the buildings came to take interest in the shared part of the sites, and furthermore, as the necessity of reconstruction was raised for old buildings, they realized again the value of the sites.

It was because if a building is reconstructed, the site is not more an object of common use but represents each owner’s share, and the floor area of the building is changed according to the lot area. Consequently, land is closely connected to the increase or decrease of each owner’s property. From now on, buildings to be reconstructed in urban areas will increase further and building owners’ interest in their land share will grow higher.

Thus, there should be legal consideration on the conversion of the right to use site before reconstruction into ownership with reconstruction. Thus, the present study started from the assumption that the site right of aggregate buildings is an ownership of immovable. Accordingly, this study analyzes general theories related to the site right of aggregate buildings(Part II), examines problems in registration and legal provisions related to the independence and several ownership of site right for the division ownership of aggregate buildings, and determines the relation between buildings and their sites through previous discussions in the history of the Civil Code(Part III)..

Furthermore, this study purposes to inquire into problems in the process that the site right is established into ownership in the reconstruction of aggregate buildings and in the perception of several ownership for land in the site right registration system, and to find legislative solutions for the problems(Part IV).

第1章 序論 = 1 第1節 硏究의 目的 = 1 Ⅰ. 硏究의 背景 = 1 Ⅱ. 問題의提起 = 3 III. 硏究의 動向 = 5 第2節 硏究의 範圍와 方法 = 7 I. 硏究의 範圍 = 7 Ⅱ. 硏究의 方法 = 8 第2章 集合建物의 垈地權에 관한 一般理論 = 9 第1節 序說 = 9 第2節 沿革과 立法例 = 11 第3節 우리나라 集合建物法의 立法과 垈地權의 構造 = 52 第4節 垈地權의 公示와 登記 = 73 第5節 結語 = 86 第3章 垈地權의 不動産所有權으로서 法的構成 = 89 第1節 序說 = 89 第2節 垈地權의 內容 = 90 第3節 垈地權의 法的性質 = 99 第4節 土地所有權으로서의 機能 = 103 第5節 集合建物의 再建築에 있어서 所有權으로서의 垈地權 = 141 第6節 結語 = 187 第4章 結論 = 190 참고문헌 = 195 Abstract = 203