집합건물의 공용부분 변경에 관한 몇 가지 문제

Abstract

This study seeks to examine several legislative and practical issues especially about change of common element in aggregate building. In details, this study discussed jurisprudential analysis of such common element, boundary between exclusive and common element within aggregate building, Supreme Court's judgment on change and disposition of such common element, and mitigation of determination rate about common element (as discussed in latest revision works for aggregate building laws from 2011 onward), and examined such change of common element from the perspective of comparative law, so that it could investigate current positions of South Korean relevant laws and any ideal form of revised laws. This study develops its focus of research laterally into common element, a component of aggregate building. It excluded any strict requirement of determination by examining appropriateness about unit owners and quorum requiring more than 3 of 4 voting rights in change of common element. And it made a comparative examination into Japanese laws and other foreign laws which focus on mitigation of procedural requirements for changing such common element, so that we could find any implication for South Korea's aggregate building laws. With regard to analysis and application of aggregate building laws, it would be advisable to focus on unit owner's ownership of building and right to use it, rather than focus on building itself. This study discussed current positions and practical behaviors of South Korean aggregate building laws and made a comparative statutory examination into those laws, so that it could explore proper legislations rather than come to any conclusion.