일본의 ‘건물의 구분소유 등에 관한 법률’에 있어서의 區分所有權의 動態

Behaviors of Partition Ownership in terms of Japan s ‘Building Partition Ownership Act’

The revision of Japan s Building Partition Ownership Act in 2002 can be broadly outlined as follows: First, it revised provisions on modification of public partition in Article 17. Secondly, it intended to enhance administrator s rights to the maintenance of public partition. Thirdly, it focused on the computerization of meeting, resolution, bylaw and memorandum. Fourthly, it dealt with preparing ‘right to demand purchase after resolution on restoration. Fifthly, it intended to relieve requirements for resolution on reconstruction. Sixthly, it dealt with approval and resolution on reconstruction of buildings within complex. Seventhly, it dealt with introduction of en bloc resolution on the reconstruction of buildings within complex. In terms of 7 major considerations about Building Partition Ownership Act, this study focuses primarily on delineating revision on modification of public partition in Article 17, relaxation of requirements for resolution on building reconstruction, approval and resolution on reconstruction of buildings in complex, introduction of en bloc resolution on reconstruction of buildings in complex, which are the key issues of said Act in 2002. By discussing historical evolution and major considerations of Japan s Building Partition Ownership Act, this study came to the following conclusions: First, this study could find out historical development, evolution, major considerations and challenges of said Building Partition Ownership Act in Japan. Secondly, it was found that area of private law interacts closely with that of public law in regard to maintenance, management and reconstruction of mansion or tenement(co-op). Thirdly, according to comparative examination into majority rule, it was found that the Tenement Building Act of Korea is considerably reconstruction-oriented statute. So it is necessary to perform further jurisprudential works in terms of said act. The issue of mansion and tenement means that of inside comprising such construction. Overall, there are three major issues of mansion and tenement, such as ‘issue of reinforced concrete building’, ‘legal and institutional issue of partition ownership’ and ‘issue of residential style on the basis of changing family structure.’ Hence, how we can resolve these issues in near future is a shortcut to fundamental resolution of issues in mansion and tenement.