집합건물 관리제도 현안에 관한 민사법적 고찰

Abstract

In Korea, since the late 1970s, the demand for multi-unit housing has increased rapidly due to the economic development and urban concentration of the population, and the demand for agregate buildings such as apartments, commercial buildings, and multi-purpose apartments has increased mainly in metropolitan areas. Building types are diversifying in acordance with the aceleration of changes in the social environment while buildings for simple use such as multi-unit houses, apartments, and commercial buildings are being more complicated acording to the neds of the urban development, consumer demands, segmentation, enlargement, smartification, and intelectualization. This paper provides an overview of the agregate building law legislation that is established regarding the ownership and management of agregate buildings while in particular, the management groups, managers, asemblies and their resolutions, regulations, and commercial industry restrictions that are most interested in practical practice are described comprehensively. this paper describes the concept, system, and history of agregate buildings. In particular, it covers the main contents of the fourth amendment (December 18, 2012), which was the largest revision since the enactment in 1983. The fourth amendment is to improve and maintain the provisions for liability for defects in agregate buildings that have ben interpreted as a mater of interpretation in relation to the Housing Act, and to expand opportunities for residents to participate in the building management proces, for instance, having tenants and others at a meting of the management group under certain conditions to exercise voting rights. and so forth while it specificaly analyzes the establishment and operation of agregate building dispute mediation commite composed of experts from each city and province as a way to quickly and eficiently resolve disputes over agregate buildings. In addition, research was conducted on the establishment and concept of partitioned ownership. the management group and managers were examined as the management subjects of the agregate building. In addition, the concept, scope, and efect of the management regulations were considered while in particular, the legal nature of the commercial management regulations was examined in detail, and what was the cause of the dispute with the self-governing laws regulated by the shopping district management group, co-op of shopkepers, and others was analyzed. on several legal problems that arise in relation to the management of agregate buildings and multi-unit apartments. In the first section, the amendments to the agregate building law for the realization of agregate building management are intended to alow tenants to participate in the limited management of the agregate building. In the past, considering that tenants or renters who are not the owners of the agregate buildings are not given the authority to participate in the decision-making proces necesary for the management of the agregate buildings, the ocupants including tenants could also idealy participate in the management group meting regarding the management of the public sector, the appointment of a manager or a member of the management commite, and exercise voting rights on behalf of the partitioned owners in maters related to ordinary management that pays for themselves, thereby enhancing the interests of tenants, such as tenants who actualy live in or operate stores in order to make the management of the building more robust and to facilitate the normal management of the agregate building. In addition, if the partitioned owner does not expres his/her intention to exercise the voting rights regarding the appointment of the manager or the management commite, the tenant may exercise the voting rights to participate in the appointment of the management and management commite members. In section 2, it can be said that in the case of a multi-unit house, it is required to use it for the common god without disturbing its neighbors, however, the level of care would be larger than single-family houses. Ocupants who live in multi-unit homes are obligated to comply with established principles determined by social notions among the partitioned owners of the category. The principle of god faith would be applied to the fulfilment of the rights or obligations for the common interest required for the use of the public part or the use of the whole part. Specifying the specific contents of the violation of the common interests in the multi-housing management regulations and specifying the responsibility for the violations would lead to a more pleasant residential life. In section 3, the views on the obligation to pay due to arears of administrative expenses and the colection of administrative expenses are reviewed while the relationship betwen the property rights of the partitioned owner and the public interests of administrative expenses in administrative reality regarding the problem of the sucesion of arears administrative expenses along with procedural solutions regarding solving the problems caused by arears of administrative expenses is described. In addition, a clear concept of regional premium, facility premium, and busines premium among the types of premiums that are generaly clasified shal be established. If certain requirements for premium are satisfied based on these thre types, it is necesary to strengthen the protection of recovering the tenant's premium as opposing power recognized as it is, and the ambiguous provisions related to the tenant's interference with the tenant's retrieval of the tenant must be clearly modified while who is responsible for proving compensation for damages caused by the obstruction of the retrieval of the premium must be clearly determined. Since the management method difers depending on the size and purpose of the agregate building, provisions shal be made regarding the management system that separates ownership from management and the diferentiated management method suitable for the size and use. In order to transition from an evolving modern society to an urban society, institutional arangements shal be provided to uniformly manage and regulate new agregate buildings as large-scale multi-purpose buildings with diferent uses appear.