물건개념의 완화와 이용권의 활성화 -상가건물의 구분소유권 객체의 합체를 중심으로- = Relaxation of the thing concept and activation of the using right -Focus on the combination of the divided ownership on commercial building on Condominium Act-

상가건물 구분소유권 객체의 합체와 이용권 활성화를 검토한 연구이다.

Strict Law of Uniform Indifference in the civil law has a problem that there cannot be a smooth business relation if the deal is about high-priced buildings such as an apartment, a shopping center, or a skyscraper. To batch-process the high-priced or large-scaled building does not fit to the needs of the time. Thus, Condominium Act was established to make a part of the building as an object of partitioned ownership, depending on certain conditions and the person`s intention. This is valid when a part of the building has all requirements to be considered as an independent thing even though the building with the contained part is objectively independent.

Therefore, Condominium Act arranges a registration system that separated parts of a collective building can be acknowledged as a independent thing each if they keep their independence. According to Condominium Act, it strictly requires the independence of collective residential building that is in accordance with residential isolate building. However, commercial collective building is relaxed in whether it is a thing or not, or condition of purchase of partitioned ownership because it has been revised for several times due to the needs of the time. These kinds of problems are appeared 1.

when they tear down a wall of an adjacent commercial building and combine; then registrate with separated ownership 2. also when they use and make earnings with maximizing utility of uses without registration of an alteration such as combination. The reason a combining that is being unattended on the law is prevalent is, 1. When they construct a new commercial building, they mostly assort the building uniformly without enough consideration and make the building as an object of partitioned ownership. 2. Even after the registration of partitioned ownership, suitable change depending on user`s profit driven or requirements of socio-economic needs. 3.

As a rule, solution to get separated ownership by merger in Registration of Real Estate Act is arranged; however, since the economic value is different by the location of the building, it`s hard to control owners` interests. 4. Usually, the owners of partitioned building allow user (mostly hirer) a reconfiguration for comparatively short period of time and want restoration. However, structure change that follows a destruction of things in civil law is required to let hirer use the object of partitioned ownership usefully. Also, the period of lease is unpredictably extended depending on whether the commercial supremacy is formed or not.