집합건물의 공용부분에 관한 권리관계 = The right relationship of the public area on the law on possession and management of the set of buildings

다국어 초록 (Multilingual Abstract)

Although the public area can not be the purpose of divided ownership, a certain distribution standard should be necessarily required to determine the construction costs during the construction, preservation and maintenance costs, and a relationship of a certain use among sharers. Supply price and area could be considered as this distribution standard with a certain ratio. It is unreasonable to give a payment to those who do not share the public areas if only some of the partial sharers share the public area. To resolve this problem, we should clearly identify the share of some public area (residential public areas) and the public areas of 1 building. Since residential public areas are defined as an integral part for the use-income of exclusive residential area, it means only the corridor, staircase, and elevator adjacent to the private residential area. A residential public area should not be calculated by a ratio of the whole area. Otherwise, it is contrary to the principle that ‘one property has one right.’ According to Article 17 Set of Building Law, the construction costs, the preservation costs, and management expenses of the public areas are determined differently by the proportion of the supply area. According to Article 17, public parts can be used solely in accordance with the own purpose. However, he use can not be divided to the proportion of use by the nature. It is contrary to “Principle of Equality” that even though the use of public areas are entirely equal, the pressure of purchase cost and maintenance costs are different by the rate of interest. Basically, there is no way to find legal legitimacy of different charge of the cost. In other words, if the public areas except the private parts are used equally between sharers, the costs should be shared equally. Despite of Article 10(2) Set of Building Law, public areas by the Covenant should be recognized only to the extent that does not infringe the essential content of the property right of the other divided owner. It is important that land fractional ownership is determined according to the proportion of the sale price, and the public areas is distributed according to the number of private parts(exclusive housing areas). Therefore, the Article 12 and Article 17 Set of Building Law are considered unconstitutional due to infringing property rights of individual and violating the principles of equality.