공동소유에 관한 민법 개정안

The Revision draft of co-ownership provisions of the Civil Code

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The Korean Civil Code acknowledges three types of co-ownership;common ownership(공유), joint ownership(합유), collective ownership(총유). In case of common ownership, co-owners own separate and distinct shares of the same property. If members of the partnership own the property of the partnership, they become joint owners. Joint owners have no distinct shares of the property. Collective ownership is established when members of an association without legal personality own the same property. In February 2014, the Civil Code Revision Committee of the Department of Justice has prepared the revision draft of co-ownership provisions of the Civil Code. The main points are as following. 1. Common ownership Firstly, according to the draft, one common owner can acquire the subordinate real rights on the property commonly owed. At present, such an acquisition is not allowed, as an owner, including a common owner, cannot acquire the subordinate real rights of the property she herself owns. Secondly, the agreement among common owners regulating the administration of the common property is effective againt the successor of one common owners. The precedents have acknowledged it. The draft gives the precedents a statutory basis. Thirdly, The draft gives more discretion to the court in deciding the partition of the common property. 2. Joint ownership Firstly, the draft aims to resolve the contradiction between the joint ownership rule and partnership contract rule. According to the present Civil Code, all joint owners should consent to the disposition or alteration of the joint property, although the majority rule may be adopted by