老朽化된 공동주택의 終末期에 있어서의 구분소유권 終了제도 입법에 관한 비교법적 연구

• 영문명: Legislation of Condominium Ownership Expiration System in the End of Deteriorated Apartment House: A Study Based on Comparative Law
• 발행기관: 한국민사법학회
• 저자명: 강혁신(Kang, Hyuck Shin)
• 간행물 정보: 『민사법학』제64호, 189~228쪽, 전체 40쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

Is there no physical and temporal limit in restoration (reconstruction and remodeling) of aggregate building including apartment house? In regard to deteriorated buildings, what would be ‘the ideal goals of future behaviors in the Condominium Ownership?’ In terms of deteriorated buildings, current Aggregate Building Act permits 1) possible justifications only for reconstruction. Or if interested parties fail to come to any agreement on reconstruction in form of resolution, the owners of partitioned property are entitled to maintain the presence of the building alone. Housing Act, a sort of public law, has exceptional provisions about 2) remodeling of buildings to prepare legislative means for restoring deteriorated buildings. The purpose of this study is to take a sense of critical mind as mentioned above and thereby make a legislative exploration into introduction of Condominium Ownership expiration system in deteriorated aggregate building. In other words, it seeks to suggest such possible legislative provisions that the partitioned property owner can opt for a new (fourth) legislative alternative under Aggregate Building Act with regard to the Condominium Ownership expiration which can be procedurally implemented only by unanimous consent under private law to the extent of three current legislative options such as reconstruction, remodeling and status quo (maintenance). The essential feature of housing lies in sustenance of housing, but in parallel with the sustenance, it is required to make a legal, institutional and policy-level deliberation in permitting any right to quit a relationship of Condominium Ownership as a part of another alternative. In terms of deteriorated buildings, it is concluded that ‘the ideal goals of future behaviors in the Condominium Ownership’ would be to explore possible introduction of Condominium Ownership expiration system - in parallel with current legislations of reconstruction resolution premised only on sustenance of Condominium Ownership - so partitioned property owners can freely choose ‘whether to maintain or expire a relationship of partitioned ownership’, which would be a little more advanced legislation than current one.

목차

Ⅰ. 논점의 제기

Ⅱ. 종료제도에 관한 개정위원회 논의

Ⅲ. 노후 집합건물에 대한 법의 동태

Ⅳ. ‘구분소유권의 종료제도’ 도입 방안 검토(비교법적 검토를 겸하여)

Ⅴ. 결론(종료제도의 실질적 기능에 관한 문제)

키워드

구분소유권 종료 집합건물 집합건물법 공동주택 Condominium Ownership expiration aggregate building Aggregate Building Act apartment house