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박종두(Park Jong Doo) 한국부동산학회 2008 不動産學報 Vol.32 No.-
1. CONTETS<BR> (1) RESEARCH OBJECTIVES<BR> The Korean Government ascertained the causes of skyrocketing prices of real estate due to speculative investment seeking profits from reconstruction in real estate. On March 30, 2006, the Korean Government legislated the law(hereinafter the"Law") which dealt with the Government"s redemption rights of the unjust profits from reconstruction in order to suppress speculative investment in real estate.<BR> The Law computes and red0eems the differences in price of the real property bet ween before reconstruction and after reconstruction from the perspective that the Government treats the difference as unjust enrichment of a member of the reconstruction association.<BR> As research objectives of this article, I will analyze actual profits and the main generated causes of a member of reconstruction association.<BR> (2) RESEARCH METHOD<BR> The author analyzes actual profits and the main generation causes of a member of reconstruction association through literature, data, and so on.<BR> (3) RESEARCH RESULTS<BR> This article focused on both validity and unconstitutionality of the Law by analyzing both legal ground of an association member"s share in expense derived from the Law and the standard of computing the share in expense from it.<BR> 2. RESULTS<BR> The au thor, also, analyzes an association member"s share in expense derived from the Law. On the balance, this article focused on both validity and unconstitutionality of the Law by analyzing both legal ground of an association member"s share in expense derived from the Law and the standard of computing the share in expense from it. Moreover, as a substitute, the author suggests that the Government could pursue the stability of the real estate price and thoroughly cut off a member of the reconstruction association from the origin of actual unjust enrichment by obligating them to publish the actual cost of the reconstruction.
집합건물의 대지사용권의 행사와 「민법」 제263조의 적용
박종두(Jong Doo Park),박세창(Sae Chang Park) 중앙법학회 2010 中央法學 Vol.12 No.3
The Aggregate Buildings Law enact a ``Land Area of Building`` and a ``Right to use Land Area``(Item 5, 6 of Article 2), but not a ``Right of Land Area``. However, The Real Estate Registry Law state that as a Right to use Land Area, which has Divided Owner in oder to own Exclusively Owned Part, ``Right of Land Area`` can not be separated from the Building to dispose, and ask a person this Right to register. Thus, the Aggregate Buildings Law state a use and beneficiary right of common parts of the Building, but not that of Land Area (Article 11, 17). Than, how can distinguish between ``Right to use Land Area`` of the ``Aggregate Buildings Law`` and ``Right of Land Area`` of the ``Real Estate Registry Law``, and for using and profiting of land area of a building is not only this article, but also 263 of the ``Civil Law``. In this paper, define that The Land Area Right is a officially in register announced Right, which can`t be separated from Exclusively Owned Part to dispose among the Right to use Land Area. And for a use and beneficiary right of the Land Area of a Building to own the Exclusively Owned Part should be applied article 263 of the ``Civil Law``. The Supreme Court`s Precedents point out that a scope of the Right to use Land Area regardless of ratio of there share part extends to the whole land area of the building as a property of share.