김상용 교수 정년 기념 상가건물의 공시제도에 관한 연구 -권리유형별 활용사례를 중심으로- = A Case Study on the system of cadastral and land registration of Business Center Building in Korea

다국어 초록 (Multilingual Abstract)

Today, Buildings are becoming lager, higher, multifunctional with the urbanization process and urban regeneration project. Nowadays our real estate market is stablizing along with low growth in economy. Builders are usually split and pre-sale commercial residential buildings are easy to raise the initial cost and effort to spread the risk. Clear and complete the public notification systems of the commercial building is very important to protect the property rights of investors and urgent safety in the transaction. However, such systems of commercial buildings have been unable to live up to this reality. Act on the ownership and management of aggregate buildings in 1984 (hereinafter referred to as the aggregate buildings act) was to regulate the possession and use of building set in the form of high-rise buildings, and for simply intended to notice the right relationship. The Act also recognized sectional ownership of business center building with certain requirements and revised in 2003. Nevertheless, commercial buildings is still divided into the sole ownership, the co-ownership representing de facto partitioned ownership, sectional ownership. It causes confusion in the transaction safety as well as restriction investment and use of buildings. This is because disclosure of the commercial building not properly reflect reality. This study analyzes the system of notification by dividing the commercial building on aggregate buildings act and the co-ownership representing de facto partition ownership. The case study of 11 randomly selected commercial buildings to review cadastral and land registration of business center building and implicated in our real estate system. Through the 11 cases, excessive registered holder register, classification of books and looks impossible, inconsistency of books, false entry/record of books, such as has been pointed out as problems. In order to solve These problems first, the co-ownership representing de facto partition ownership of commercial buildings will need to convert to the commercial building on aggregate buildings act the long-term. Second, set aggregate buildings act the scope of Article 1 of 2 shall be expanded in accordance with the recent reality and nature of the commercial building. Third, Its expansion will be through a thorough complement the system of cadastral and land registration of business center building.