메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject

The Standard of Judgment of Section for Common Use and Section for Partial Common Use on the Act on Possession and Management of the Set of Buildings
Recommendations
Search

집합건물의 일부공용부분 판단기준에 관한 소고

논문 기본 정보

Type
Academic journal
Author
Choi Hyun Tae (가톨릭관동대학교)
Journal
한국부동산법학회 부동산법학 부동산법학 제26권 제3호 KCI Accredited Journals
Published
2022.9
Pages
53 - 79 (27page)

Usage

cover
The Standard of Judgment of Section for Common Use and Section for Partial Common Use on the Act on Possession and Management of the Set of Buildings
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
The results of the classification of the section for common use and section for partial common use affect the exclusive exploitation and management authority of the common area, the recognition of the share right and the area ratio of the exclusive part based on the share right, etc. The provision to Article 10(1) of the Building Act stipulates that the common area of a building is either a section for common use or section for partial common use of a common part that is “clearly used for the common use of some unit owners” is a common part. In addition to the registration criteria, judicial precedents that apply and interpret this regulation have a system to determine whether they can be used for the common use of certain unit owners through “objective use and utilization relationships by structure.” This study pointed out that it is difficult to believe that the criteria presented by the legal provisions and judicial precedents are still acting as clear criteria in actual application. Since it should be understood that the basic form of the common area is to be provided to the use of the whole unit owner as a common area, it should be considered from the viewpoint of a special case when a part of the section for partial common use is recognized. From this point of view, the most basic criterion for determining whether a area falls under the category of a section for partial common use should be what the structure of the area is and how the area is actually used and managed by whom. In order to make such a decision, a comprehensive judgment should be made taking into account the location, shape, area, and structural specificity of the common part of the building, the purpose of using the common area, the potential for some common use, etc. In conclusion, the distinction between the two shall be determined in accordance with the above standards, and the section for partial common use that are obvious to be shared by only a area of the unit owner are considered as common parts.

Contents

No content found

References (0)

Add References

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Recently viewed articles

Comments(0)

0

Write first comments.