「집합건물법」상 대지사용권과 「부동산등기법」상 대지권의 관계

Abstract

In Condominium Buildings, the right to use the land presupposes the existence of partitioned ownership. Building ownership inevitably presupposes the use of land with buildings. The right to use the land is a right that the divided owner has to the land of the building in order to own the exclusive part, and the divided owner cannot arbitrarily determine a right other than the right as the right to use the land. The right to use the land has a very strong dependence on the exclusive portion, so the divisional building and the right to use the land are integrated and inseparable, and of course, the prohibition of separate disposition does not apply until the divisional ownership is established. The thesis mainly deals with solving the problem of whether the right to use the land and the right to use the land are the same concept or how they are different. Regarding the right to use the land, Article 2, Subparagraph 6 of the Act On Ownership And Management Of Condominium Buildings stipulates that “the right to use the land refers to the right of the divided owner to own the exclusive part of the building.” And the land right is stipulated in the Real Estate Registration Act. While the right to use land is usually a right under the substantive law to use land to own a separate building, the right to use land is a concept of procedural law designed to disclose on the register that the right to use land cannot be separated from the exclusive part. The main purpose of the thesis is to clarify the relationship between the right to use the land stipulated in Act On Ownership And Management Of Condominium Buildings and the right to use the land stipulated in the Registration Of Real Estate Act. In other words, the purpose of the study is to review the legal nature of the right to use the land under the Act On Ownership And Management Of Condominium Buildings, whether or not the disposition is unified, the relationship and difference between the right to use the land and the right to use the land.