집합건물의 소유 및 관리 효율성을 위한 법적 쟁점

An Exploration of Legal Issues in Ownership and Management of Multi-unit Buildings for Efficient Management

1. CONTENTS (1) RESEARCH OBJECTIVES The purposes of this research are to examine the ownership and management of multi-unit buildings in the legal context, to address practical issues for effective and efficient management, and to propose corrective legal measures. (2) RESEARCH METHOD This study utilized content analysis to meet the research goals. With the literature review on relevant laws, regulations, rules in such advanced economic countries as Japan, USA, and Germany, this qualitetive research analyzed the structural features of legislations on multi-unit buildings, and also it compared the contextual aspects of their ownership and management in order to draw UP proactive approaches to the efficient management. (3) RESEARCH FINDINGS The research indicated two legal issues confronting multi-unit buildings ownership and management. In fact, the current laws, “Law on Ownership and Management of Multi-unit Buildings” and “Civil Law,” specify the leasehold right of multi-unit buildings inconsistent with the land use right, so that the flaw limits the property rights of owners. Also, it’s found that the legal requirement for the management of multi-unit buildings is based on the number of units instead of gross Door area. Training programs for on-site housing managers and homeowners’ association that are arbitrary under the current legislation should be mandatory to foster adequate and sufficient management. It’s necessary to enable tenants to participate in management. Besides, management modes in multi-unit buildings will not be selected until half of the entire households move in. To resolve this concern, the law heightens the continuity of management agents (from move-in to occupancy phases). 2. RESULTS This research implies that the management of multi-unit buildings requires more professionalization to provide the efficiency and effectiveness of the management. The current legislations need to be revised in order to clarify legal requirements of professional management, long range maintenance plans and long term reserve funds.