In 1980, apartment building that got built in 1960 has been in trouble caused by dilapidation in the respect of function and facilities. Therefore, the divided owners' demands of rebuilding of apartment building have increased gradually.
So, Multi-Un...
In 1980, apartment building that got built in 1960 has been in trouble caused by dilapidation in the respect of function and facilities. Therefore, the divided owners' demands of rebuilding of apartment building have increased gradually.
So, Multi-Unit Building Act(MUBA) has been enacted on Apr. 10. 1984, and has come into force on the 1st of Apr. 1985. The reason is that various, complicated legal issues in the multi-unit building(MUB) couldn't be solved reasonably by only article 215 in civil law. Of course, there were also some legal issues in Real Registration Act.
MUBA has been enacted on the assumption that MUB consists of private parts, common parts, and lots. And MUBA has the unit owners' association for management.
This paper points out the problem of decision for the rebuilding of MUB development, analyzes a legal claims on a devided ownership of the owner who opposited to the rebuilding, examines a theory of the claim to sale in the rebuilding and refers to cases of Supreme Court.
The structure of this thesis is as follows;
Chapter Ⅰ Purpose, Scope and Methods of this study
Chapter Ⅱ Concept and the Legal Qualities of the Claim to Sale
Chapter Ⅲ Requisities of the Claim to Sale
Chapter Ⅳ Exercise of the Claim to Sale
Chapter Ⅴ Effect of the Claim to Sale
Chapter Ⅵ Conclusion