집합건물의 대지공유와 그 분할의 청구

• 영문명: Intercommunity of a Congregate Building’s Land Area and Demand of it’s Division
• 발행기관: 경희법학연구소
• 저자명: 박세창(Park, Sea-Chang)
• 간행물 정보: 『경희법학』제45권 제4호, 157~179쪽, 전체 23쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

How the right is reverted in and what kind of relationship have with a exclusively owned part of the building, in case that a divided owner of a congregate building possess a ‘land area right’ or ‘right to use the land area’ on the land area of the building to own exclusively owned part. Thus, even though the right belongs as a similar co-ownership form, the article 20. of ‘the Aggregate Buildings Law’ states prohibition of separate disposal and the article 8. states prohibition of division within the scope of necessary to usually use. Then, which standard should be applyed to a divition, however, that could be separated with the land area of the building. In this dissertation I insist, that possession of a divided owner’s ‘land area right’ or ‘right to use the land area’ of a congregate building as a co-ownershipa or similar co-ownership should be applied the provisions of ‘Civil Law’, unless it’s prescribed another special regulation in the ‘Aggregate Buildings Law’ And ‘the legal land area’, minimum land area of a building to be permited, prohibied it’s divition, but the land, that is except the scope of aticle 8, in principle should be dividable land part to demand, not a object of prohibition on divide demand only reason for the existaence of a building on the land area.

목차

l. 서설

ll. 대지권 및 대지사용권의 귀속

lll. 대지공유지분권의 분할

lV. 결어

키워드

집합건물 대지사용권 대지권 공유 공유물분할 건물사용에 필요한 범위 congregate building right of land area to use right of land area co-ownership divisoin of co-owned property necessary area to use a building.