Re-examination of the application of the dependency of the land use right and the integrity of the disposition

Abstract

Article 20, Section 1 of the 'Act On Ownership And Management Of Condominium Buildins’(Aggregate Buildings Law) stipulates the subordination of land use rights, and Section 2 stipulates the prohibition of separate disposal. Regarding the application of the Article, the precedents apply Article 20, Paragraph 1 to the establishment of the right to use the land, regardless of whether the right to use the land has been publicly announced, and concludes that it is established according to the provisions of the law as a right attached to the exclusive possession portion, and from the time when the separate ownership is established is said to be achieved. And regarding the disposition, paragraph 2 is applied to grant the effect of the prohibition of separate disposition. However, the uniform application of such precedents not only directly rejects the application of article 187 of the ‘Civil Law’, but also does not conform to the socially accepted notion of real estate transactions. Therefore, in this paper, it is premised that the right to use the land established by the establishment of divided ownership is established as a legal act, and the right to use the land that has not been publicly announced is only valid as a claim. In addition, in order to acquire land use rights that cannot be separated and disposed of under Article 20, Paragraph 2 of the 'Aggregate Buildings Law' land rights must be registered, and once the land use rights have been registered as land rights, they must be acquired and extinguished in accordance with Article 20, Paragraph 1 of the 'Aggregate Buildings Law' Article 20 of the Act did not stipulate the subordination of the unregistered land use right and the prohibition of separate disposition, but stipulated the effectiveness of the land right, that is, the right to use the land publicly announced as the prohibition of separate disposition.