集合建物法における老朽建物のリモデリング関連規定の新設に関する検討

A Study on Remodeling in Deteriorated Buildings regulation on establishment of aggregate Building Law

The state of apartment houses that are 15 years old or more in our country is as follows: The number of apartment houses that are 15 years old or more in and around Seoul is nearly two million, which accounts for 45 percent of the entire apartment houses. Furthermore, the number of old apartment houses is expected to rise sharply. The act on the ownership and management of aggregate buildings functions as the fundamental law of public and private laws that covers overall regulations on aggregate buildings such as partitioned ownership and the physical state of buildings. This act needs to suggest the right direction for legislation on the restoration of buildings more clearly than any other act in order to make it possible to determine how to legislate laws to predict the possible movements of private rights that may be caused by the decrepitness of aggregate buildings. Ultimately, the act on the ownership and management of aggregate buildings that is the fundamental law is required to get rid of residence instability and ownership uncertainty, which may possibly be triggered by the decrepitness of aggregate buildings, to predict the future movements of national property more accurately to improve related legislation to ensure residence stability. As for legislation about proceedings and resolution on remodeling and the disposal of partitioned ownership, the regulations of the act on ownership and management of aggregate buildings should correspond to those of the housing act, and the legal functions of the two should be distinguished to prevent possible disputes and conflicts between owners of partitioned property about restoration. At that time, there are four things that should discreetly be taken into account. One is the status of the act on the ownership and management of aggregate buildings as the fundamental law in the area of aggregate buildings, Another is the fact that the housing act functions as a business act concerning remodeling, and a third is the coverage of the act on the ownership and management of aggregate buildings(awareness of commercial aggregate buildings and even mixed-use buildings including apartment houses). The fourth is balance with the reconstruction regulations of the act on the ownership and management of aggregate buildings.