集合建物 再建築 建物의 要件에 관한 小考

A Study on Requirements of Reconstruction Building in Congregate Buildings

At the resolution for re-building of congregate buildings, there occurs a conflict of interests between the approval and/or disapproval of each sectional owner. Accordingly, it s necessary to protect the minority of the disapprovals from the majority of the approvals. This thesis stresses the following points as interpretation about the requirements of the resolution for re-building in the Act on the Ownership and Management of Aggregate Buildings. (1) The requirements of building which are tantamount to the requirements of resolution for re-building are destruction and damage of building, other circumstances such as unreasonable cost which is needed for its repair and restoration, or management compared with the price of building, and a remarkable increase of utility. However, each requirement is independent. Accordingly, these requirements should not be grasped connectedly. (2) In the case where the destruction of the part of building which is tantamount to the part not more than half the price of building, the resolution for re-building should be confined to the resolution of premise requirement under Paragraph (1) of Article 47 in the Act on the Ownership and Management of Aggregate Buildings. (3) The elapse of a considerable time after the construction of building should be the premise of judgment for reconstruction building as a minimum requirement of resolution for re-building. (4) The requirements of reconstruction building in the Act on the Ownership and Management of Aggregate Buildings and the requirements of reconstruction business objectives in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents are different. Accordingly, both requirements are not affected by each other.