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A Study on the History of the Condominium Law System and the Characteristics of the Norms as a Form of a Collective House

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(4), pp.335-363
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 1, 2023
  • Accepted : November 25, 2023
  • Published : November 30, 2023

Kim, Sang-Jin 1

1세명대학교

Accredited

ABSTRACT

In Korea, questions about apartment management methods are being raised in earnest as the time for early apartments to make decisions about reconstruction is approaching. At the same time, as the maintenance of public facilities becomes financially difficult, the possibility of group management by local residents is being sought. On the other hand, in relation to various factors, such as independent responses to environmental problems and vitalization of the construction industry, the recent review of the ‘100-year housing concept’ is underway in earnest. Considering the maintenance and management of ultra-long-term collective (communal) housing under these circumstances, whether it is possible to establish a super-long-term management system that allows resident groups to continue living as a community base transcending generations, rather than simply extending the useful life of architectural technology. The review will be the starting point. Even in the case of an ultra-long-term management system, there are cases in which it is assumed that a resident group will take root in the land for several generations, as if an old village is recreated, and even if the entity’s existence is the same, its members are always assumed to be mobilized. There is also Rather, wouldn’t the latter be a more realistic assumption in the future? In the latter case, of course, measures for the formation of a sound market that realizes securitization are essential, but besides this, as a group whose members are constantly changing, it is necessary to establish group regulations that can ensure the maintenance of group property and orderly residential life. In addition, the liquidating members include those who aim for a final living base as before, and also include innocuous residents who aim only for asset management. And on the premise that each intention is allowed, orderly and sustainable management should be considered as a task. Given these problems, whether the current self-management system will continue to function in the future, and the original attitude of management, especially the rights and obligations of the managing body I think it's time to reexamine the original attitude. In this paper, I would like to examine what kind of legal relationship it regulates with respect to the US multi-unit housing system called condominium. Since it is not possible to discuss the condominium laws of each state uniformly, UCA and UCIOA will be considered as the main subjects. Although the case of the United States is not the same as that of Korea, I think it is a very beneficial academic achievement to obtain implications for the management of apartment houses in Korea by studying their legal relationships. As the Housing Management Act in Korea stipulates the ownership and use of apartment houses, condominium-related companies in the United States have enacted and applied various laws for each state, and by studying this, various regulations or I believe that by studying legal principles, I will be able to get help in resolving the legal conflicts we have encountered.

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