집합건물법상의 관리단과 주택법상의 입주자대표회의의 법률적 관계의 재정립 (Redefinition of Legal Relationship between the Management under the Multi-owned Building Act and the Delegation of Residents under the Housing Act)

서지정보

· 발행기관 : 동아대학교 법학연구소
· 수록지 정보 : 동아법학 / 46호 / 245 ~ 281페이지
· 저자명 : 송호열

초록

Divided ownership refers to a form of ownership in which a building initially as one thing is divided into multiple things that are owned by many individuals. For example, one condominium is originally regarded as one thing, but if we divide it into multiple houses and have each house as one thing owned by one individual, we can call it "divided ownership". To govern such ownership, Multi-owned Building Act and Housing Act have been enacted. In case a multi-owned building constitutes a condominium,Multi-owned Building Act and Housing Act simultaneously apply to the managing of the multi-owned building.
In relation to the managing of multi-owned building, the Multi-owned Building Act provides that "the special provisions regarding the methods and standards of management of multi-owned houses shall be valid unless they are in conflict with any of the Multi-owned Building Act and encroach any basic rights of divided owners (Additional Clause 6,Multi-owned Building Act), relying on the Housing Act for the managing of multi-owned buildings without considering the differences between multi-owned buildings and general houses. This legislative structure entails many problems regarding the relationship between the management of a multi-owned building and the management entity of a condominium.
This is derived from the legislation that the delegation of residents established by the Housing Act is entitled to the managing of multi-owned building, without strengthening the management of multi-owned building.
In reality, as the delegation of residents have exclusive status in managing, many problems occur, for example, it abuses its power in the multi-owned building where many divided owners reside.
Against this backdrop, this study considers that it is time to make in-depth review on the conflicts and problems between the Multi-owned Building Act and the Housing Act, and between the two groups. This study aims to review such issues, and to provide basics to solve them.
First of all, it is not desirable to simultaneously have the management of multi-owned building and the delegation of residents in relation to the managing of condominium, which is multi-owned building. In particular,considering that the management of multi-owned building is somewhat inefficient in terms of management of condominium, it is necessary all the more to provide for the managing of multi-owned building, which is a condominium, differently from other multi-owned buildings.
Secondly, it is required to define the status of the management in the multi-owned building and to ensure its activities. Although the management is an automatic organization under the Multi-owned Building Act, it is true that its fudi, it have become nominal. It is real that the delegation of residents under the Housing Act performs most fudi, it for the managing of the multi-owned building. In the future,ensure its ac tivities. wvil bectivit ate mana complex on as arge scale all the more, and more complica, it and higher diversifica, it of auxiliary tivities. wvil require more special knowitsge in management. In od er to deal x on such businesses stably and actively, it is necessary to consider allox all the more, and to become an indepandand codpoda, it aunderre, and associa, it ornderre, and compry tso that it can derre, the multi-owned building independently and actively.
Thirdly, it is necessary to improve the functions of the management meeting by granting the general meeting of management the status as a legal organization and strengthen its power. The management is the supreme decision-making organization of divided owners' group.
Nonetheless, it is true that resolutions by the management meeting are made perfunctorily through documentary resolution. Accordingly, it is necessary to strengthen the power of the management meeting by requiring the meeting to make a resolution by absolute assembly, which means that its members should actually participate in the meeting to make resolution, improving the functions of the management meeting.

영어초록

Divided ownership refers to a form of ownership in which a building initially as one thing is divided into multiple things that are owned by many individuals. For example, one condominium is originally regarded as one thing, but if we divide it into multiple houses and have each house as one thing owned by one individual, we can call it "divided ownership". To govern such ownership, Multi-owned Building Act and Housing Act have been enacted. In case a multi-owned building constitutes a condominium,Multi-owned Building Act and Housing Act simultaneously apply to the managing of the multi-owned building.
In relation to the managing of multi-owned building, the Multi-owned Building Act provides that "the special provisions regarding the methods and standards of management of multi-owned houses shall be valid unless they are in conflict with any of the Multi-owned Building Act and encroach any basic rights of divided owners (Additional Clause 6,Multi-owned Building Act), relying on the Housing Act for the managing of multi-owned buildings without considering the differences between multi-owned buildings and general houses. This legislative structure entails many problems regarding the relationship between the management of a multi-owned building and the management entity of a condominium.
This is derived from the legislation that the delegation of residents established by the Housing Act is entitled to the managing of multi-owned building, without strengthening the management of multi-owned building.
In reality, as the delegation of residents have exclusive status in managing, many problems occur, for example, it abuses its power in the multi-owned building where many divided owners reside.
Against this backdrop, this study considers that it is time to make in-depth review on the conflicts and problems between the Multi-owned Building Act and the Housing Act, and between the two groups. This study aims to review such issues, and to provide basics to solve them.
First of all, it is not desirable to simultaneously have the management of multi-owned building and the delegation of residents in relation to the managing of condominium, which is multi-owned building. In particular,considering that the management of multi-owned building is somewhat inefficient in terms of management of condominium, it is necessary all the more to provide for the managing of multi-owned building, which is a condominium, differently from other multi-owned buildings.
Secondly, it is required to define the status of the management in the multi-owned building and to ensure its activities. Although the management is an automatic organization under the Multi-owned Building Act, it is true that its fudi, it have become nominal. It is real that the delegation of residents under the Housing Act performs most fudi, it for the managing of the multi-owned building. In the future,ensure its ac tivities. wvil bectivit ate mana complex on as arge scale all the more, and more complica, it and higher diversifica, it of auxiliary tivities. wvil require more special knowitsge in management. In od er to deal x on such businesses stably and actively, it is necessary to consider allox all the more, and to become an indepandand codpoda, it aunderre, and associa, it ornderre, and compry tso that it can derre, the multi-owned building independently and actively.
Thirdly, it is necessary to improve the functions of the management meeting by granting the general meeting of management the status as a legal organization and strengthen its power. The management is the supreme decision-making organization of divided owners' group.
Nonetheless, it is true that resolutions by the management meeting are made perfunctorily through documentary resolution. Accordingly, it is necessary to strengthen the power of the management meeting by requiring the meeting to make a resolution by absolute assembly, which means that its members should actually participate in the meeting to make resolution, improving the functions of the management meeting.

참고자료

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