集合建物의 區分所有權에 관한 硏究 = A Study on the divided ownership of the collective building

다국어 초록 (Multilingual Abstract)

This paper attemptes to study on the divided ownership of the collective building.
The demand for housing has been increased greatly by concentrating Population on cities followed by urbanization and industrialization since the 1960's in Korea. As a result, the collective building such as apartment building has been made to solve this problem and possessed according to the forms of the divided ownership by owners.
But different from the absolute ownership, the divided ownership is an exemplary exception to the law of one right for one asset, and has peculiar legal characteristics in relation to integrity and collective usage.
In foreign advanced countries, special acts have been legislated or civil code has been reinforced to cope with the legal problems in the divided ownership.
In korea, the article 215 of civil code has regulated the divided ownership of a building. Due to the substantial increase of collective buildings nowadays, however, this article seems to become inadequate to deal with the various kinds of current and potential problems which are concerned with the divided ownership, As a result, the Law of the Ownership and Management for Collective Building was enacted on April 10, 1984, This law consists of 66 articles, which has been effective since April 10, 1985. However, this law is, in fact, founded on the Japanese Law related to the divided ownership of collective building, which was enacted in 1962 and revised in 1983, In this respect, the law may not be fit to the problems in our society.
The contents of the study for reguirements above are as follows;
Chapter Ⅰ. Introduction
The arising of the problems, the purpose of the study, the method of the study, and the scopes of the study are described in introduction
Chapter Ⅱ. The basis on legal theory of the right of divided ownership
Here is defined and characterized the right of divided ownership.
Chapter Ⅲ. Some examples on the legislative act in the foreign countries including in west Germany, France, the United States of America, and Japan : to analyse the legal system in Korea, the survey of foreign legal system is researched by comparative laws.
Chapter Ⅵ. The legal status of divided owner Rights and duties of an owner of the divided pants of the collectine building are explained in this place.
Chapter Ⅴ. The management of the collective building
The machinery of administration, and reconstruction or repair of the collective building are explained in this place.
Chapter Ⅶ. The public theory of the collective building on the registration of the collective building and its site.
Chapter Ⅷ. Conclusion
The problems and proposals in the present divided ownership of the collective building are suggested in conclusion;
Problems in the present divided ownership of the collective building can be pointed out as follows;
1. Problems in the definition and category of exclusive possession part and the common utilizing part of this law.
2. Problems in rightd the duties of an owner of the collective building.
3. Problems in the registration of the divided ownership
4. Problems in the adaptation of the appropriate law in our society.
Proposals for the establishment of reasonable legal system in korea are as follows;
1. The definition and category of the exclusive possession part and the common utilizing part of the collective building should be provided precisely.
2. The rights and duties of the co-owners of the collective building should be provided in detail.
3. The system of the management ownership in the registration of the divided ownership of a building should be adapted.
4. The law of the ownership and management of the collective building should be revised and dapted to the individual characteristics of collective building.
In short it is necessary to develop the basic formations for the law of the divided ownership, which will be appropriate to rule in our social problems.

목차 (Table of Contents)

• 목차 = 4
• 第一章 序論 = 7
• 第一節 問題의 提起 = 7
• 第二節 硏究의 目的 = 7
• 第三節 硏究의 範圍 = 8
• 第二章 區分所有權의 法理的 基礎 = 10
• 第三章 主要各國의 立法狀況 = 12
• 第一節 一般的 動向 = 12
• 第二節 各國의 立法動向 = 12
• 1. 프랑스 = 12
• 2. 西獨 = 15
• 3. 美國 = 22
• 4. 日本 = 24
• 第三節 各國立法의 比較的 檢討 = 28
• 第四章 集合建物法의 成立과 그 構造 = 33
• 第一節 集合建物法의 成立 = 33
• 1. 立法的 背景 = 33
• 2. 法制定의 經緯 = 34
• 第二節 集合建物의 形態的 分析 = 37
• 1. 區分所有의 對象 = 37
• 2. 區分所有權의 客體 = 39
• 第三節 分所有權의 變動理論 = 45
• 1. 區分所有權의 成立 = 45
• 2. 區分所有權의 消滅 = 50
• 第四節 垈地使用權 = 52
• 1. 序言 = 52
• 2. 垈地使用權의 法的性格 = 57
• 3. 一體性理論의 分析 = 61
• 第5章 區分所有者의 法的地位 = 70
• 第一節 集合建物에 대한 法的關係 = 70
• 第二節 構成員으로서의 法的 關係 = 78
• 第六章 集合建物法의 管理的 側面 = 82
• 第1節 序言 = 82
• 第2節 現行 管理制度의 檢討 = 83
• 第三節 管理團 = 85
• 1. 法的 性格 = 85
• 2. 管理團의 設立 및 組織 = 86
• 3. 消滅 = 102
• 第四節 集合建物의 再建築과 復舊 = 102
• 1. 序言 = 102
• 2. 再建築의 法的處理 = 103
• 3. 復舊의 法的處理 = 109
• 第七章 集合建物의 公示理論 = 113
• 第一節 改正不動産登記法의 成立 = 113
• 1. 沿革 = 113
• 2. 內容 = 115
• 第二節 改正不動産登記法의 構造 = 119
• 1. 建物의 登記 = 119
• 2. 垈地의 登記 = 122
• 第八章 結論的 考察 = 129
• 第一節 集合建物法의 問題點 = 129
• 第二節 立法論的 方向 = 136