집합건물의 구분소유자의 대지 공유자에 대한 방해배제청구-대법원 2024. 10. 31. 선고 2024다202317 판결 = Ejectment Action against Co-owner of the Land filed by a Sectional Owner of Condominium Building- Supreme Court of Korea, Decision 2024Da202317, October 31, 2024

다국어 초록 (Multilingual Abstract)

This paper examines the validity of the Supreme Court Decision 2024Da202317, rendered on October 31, 2024, focusing on two major issues: the legal relationship between unit owners and land co-owners who are not unit owners, and the boundary between alteration and management of co-owned property.
First, while the application of the Civil Act's co-ownership principles to the relationship between unit owners and non-unit landowners is appropriate, the internal relations among unit owners should be governed by the Act on the Ownership and Management of Aggregate Buildings. This layered interpretation allows the management body of the aggregate building to have legal standing in related disputes, which is crucial for the efficient management of the building.
Second, the recent Supreme Court ruling offers clear criteria for distinguishing between alteration and management of co-owned property. However, ambiguity remains—for example, regarding the interpretation of "lawfully constructed" buildings—and there is concern that the ruling's legal standards may be overly generalized in future cases. Based on this awareness, this paper analyzes specific case examples and proposes directions for future interpretation and legislative improvement.