구분소유권의 성립 및 집합건축물대장 등록

Abstract

I believe there is no difference in opinions that there must be an existence of a building and portion of such building must be equipped with independence in structure and use, and action for partitioning of each of such independent sections as the object of the partitioned ownership in order to establish partitioned ownership. However, there was confrontation of theory on which action should be deemed as the action for partitioning with unclear standards in terms of judicial precedents. As such, the en blanc adjudication by the Supreme Court of Korea in 2013 can be deemed to be significant in that it declared important legal principle for interpretation of the Multi-owned Building Act by organizing the existing judicial precedents that were in conflict with each other in relation to the establishment of partitioned ownership. Nonetheless, doubts are presented on whether such interpretation may lead to any problems. Therefore, this study aims to review the establishment of partitioned ownership with focus on which action should be deemed as the action for partitioning and whether such should be registered in the multi-owned building ledger in order to propose means of resolution of the disputes on the requisites for and the time of the establishment of partitioned ownership. Registration in multi-owned building ledger is one of the formats of the actions for partitioning of the building by the owner of the building. Accordingly, it can be deemed that the partitioned ownership of the building is established finally if a building is equipped with objective and physical requisites, and can be used as an independent building, application for new registration in the multi-owned building ledger is made by distinguishing each of the portions of the building in accordance with the stipulations made under the Multi-owned Building Act, and registered in the multi-owned building ledger of the competent authority. It is my opinion that the legal disputes between the seller and purchaser could be resolved if provisional registration system is activated and, moreover, if the provisional registration system of Germany is to be adopted and implemented as the means of resolving disputes related to the requisites and time of establishment of partitioned ownership.