A Study on Reconstruction of Aggregate Buildings and Site Right as Ownership
2009, 45(), pp.99-128
Publisher : Korean Public Land Law Association
Research Area : Law
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Abstract As presented above, this study analyzed how site right in the reconstruction of aggregate buildings should be treated legally and concluded that, different from that in the sales of newly constructed aggregate buildings, site right in the reconstruction of aggregate buildings should be legally established as ownership. First, as in the results of analyzing reconstruction cases in the Changwon area, division ownership and site right in aggregate buildings have integration, and site right, which has prevented inconveniences in the life of the division owners of an aggregate building, does not play any function in reconstruction. Then, we have to go back to the question of whether, in the division ownership of an aggregate building, site right cannot be legally established as division ownership over the land. It is because the criterion for determining a partner’s gratuitous equity area in the reconstruction of an aggregate building is “the land area invested by the partner” or “the price/area of the land and building invested by the partner” and, after all, it is the land area as the building is dismantled and removed in reconstruction. Second, in the reconstruction of an aggregate building, site right should be included as one of factors determining the gratuitous equity ratio of reconstruction along with floor area ratio, sales price per pyeong, land equity, and construction cost per pyeong. It is because this is a very important factor in determining the gratuitous equity ratio of building division owners who failed to acquire an equity of land ownership unexpected on the legislation of the Act on the Ownership and Management of Aggregate Buildings. Third, in the reconstruction of an aggregate building, site right forms a part of integrated division ownership over the building and the land allotted according to the supplying area of the building (private area + public dwelling area) and the supplying area of the land, namely, “shared equity in proportion to the private area of the supplied housing” or “shared equity in proportion to the supplying area of the building.” As discussed above, it is considered necessary to make legislative improvements for establishing building division owners’ sight right as division ownership integrating the building and the land in the reconstruction of aggregate buildings. key word: reconstruction, division ownership, Site Right as Ownership, the supplying area of the building, the supplying area of the land.
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