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KCI등재 학술저널

区分所有法・集合建物法の日韓比較

韓国法の日本法継受とその後の発展

Korea translated Japan s Partitioned Ownership Act which is relatively similar to Korea s civil legislation from the urgent need to enact the law on multi-unit dwelling against the backdrop of dramatic construction of it since 1970s. That is to say, the translation and reception of Japan s Building Partition Ownership Act (article 51, revised in 1983, article 69, in 1962) was followed by Laws about the Ownership and Management of Aggregate Building (Article 3725) enacted in April 10th, 1984. In the meantime, Japan enacted partitioned ownership act modeling after European act in 1962, and realized full-scale revision(in 1983) based on the legal experience for 20 years. While the unique development of Korean law is based on the socio-economic and cultural circumstances of Korean society, it results in cutting-edge in terms of global perspective and is considered as the established system worth being examined by other legislations including Japan. Tenant s right on the management of condominium lists as the top of it(article 16, section 2). In Japan as well as in Korea, the owner of a partitioned property does not reside in the condominium and therefore is away from the usual management of condominium realistically. In the place where the separation of ownership and use is usual, it is safe to say that it is meaningful to give tenants the right to daily management just like Korea. This article is aimed at identifying the similarity between the two countries and the unique development of Korean law, and thereby to reflect on the future direction or interpretation of Japan s partitioned ownership act through this.

1. はじめに

2. 区分所有法(日本)と集合建物法(韓国)の比較

3. 集合建物法(韓国)における日本法継受とその後の展開

4. 韓国法の発展と日本法への示唆

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