집합건물의 대지공유와 그 분할의 청구

Intercommunity of a Congregate Building’s Land Area and Demand of it’s Division

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.