Korean Institute for Aggregate Buildings Law最新文献

{"title":"A Study on the Authority to Prepare Commercial Premium Contracts","authors":"Young-cheon Seo","doi":"10.55029/kabl.2023.47.153","DOIUrl":"https://doi.org/10.55029/kabl.2023.47.153","url":null,"abstract":"As to whether it is a violation of the “Licensed Administrative Agent ACT” for a licensed real estate agent to prepare a commercial rights contract, the Suwon District Court's Seongnam Branch sentenced on November 11, 2022 Godan 577 stipulates as follows. ① Preparing a consulting contract for the transfer of daycare centers corresponds to a premium contract, and preparing a premium contract corresponds to a “document on rights obligations or proof of facts,” which violates the Licensed Administrative Agent ACT. ② The act of mediating a premium contract and preparing a premium contract does not constitute an intermediary act stipulated in the Licensed Real Estate Agents ACT, so the act of mediating a premium contract and preparing a premium contract violates the Licensed Administrative Agent ACT. ③ If the premium contract and the lease transfer contract are inseparable, it is difficult to conclude that both contracts are inseparable from one contract. ④ These Defendants' actions do not constitute a mistake in the law. However, a premium contract is a contract that must be accompanied by a lease contract, is inseparable from a lease contract, and is effective only when both the premium contract and the lease contract are fulfilled, and the other contract is canceled, invalid, or canceled. Therefore, considering that the preparation of premium contracts is one of the tasks of many licensed real estate agents accompanying lease contracts, premium should be recognized as an object of brokerage, and to clarify this, the Enforcement Decree of the Certified Real Estate Agents Act needs to be revised.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116999295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Re-examination of the application of the dependency of the land use right and the integrity of the disposition","authors":"S. Park","doi":"10.55029/kabl.2023.47.121","DOIUrl":"https://doi.org/10.55029/kabl.2023.47.121","url":null,"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.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125059667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The function of public law and the management of multi-family housing in the housing law system","authors":"K. Park","doi":"10.55029/kabl.2023.47.89","DOIUrl":"https://doi.org/10.55029/kabl.2023.47.89","url":null,"abstract":"The traditional housing law system of Korea centered on supply and demand, which was formed against the background of rapid urbanization and population growth, could no longer be maintained as the housing supply rate exceeded 100% and the country entered a rapidly declining population. The changed social structure is demanding institutional transformation in the direction of boldly abandoning the ‘construction promotion act’ system in Korean housing legislation, remodeling old apartments, and delicately managing apartments. It is time to discuss the reform direction of the fundamental structure of the housing law system through social consensus and discussion. In this article, we reviewed the process of introducing the institutional function of the current housing law system and its social background, following the historical process of the formation of the framework of Korea's housing law system. When the social reality, which is the foundation of the housing legislation, changes, the function and system of the norm cannot help but change accordingly. In this article, we looked at the achievements of adaptation to the current legislation and future tasks under the premise that the center of gravity of Korean housing law system will inevitably shift to the ‘management function of apartment housing’ for a considerable period of time in the future. The change in Korean society, which has escaped from the desperate housing shortage and is entering a declining population, is an institutional challenge, but on the other hand, it can act as an opportunity to improve the quality of the city. We look forward to the rebirth of the housing law system that upgrades our apartment buildings to a more pleasant environment and a space with efficient and reasonable functions including informatization, away from the perspective of the development era.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134483747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Protection of Goodwill in Commercial Lease: Focusing on the discussion in French law","authors":"Soo-Gon Park, Young-Do Kim","doi":"10.55029/kabl.2023.46.29","DOIUrl":"https://doi.org/10.55029/kabl.2023.46.29","url":null,"abstract":"Commercial lease in France is protected if the lease term is more than 9 years. If the lease term is less than 9 years, the lease cannot be regarded as a commercial lease. However if the lease is implicitly renewed, it can be converted to a commercial lease. In a commercial lease, if the lessor refuses to renew, eviction compensation must be paid to the lessee. Eviction compensation is to protect the tenant's goodwill. If the lessee was a retailer or small merchant, and the leased premises were the place where the lessee was operating, such a retailer could suffer considerable damage if the lessee could not open a new business nearby immediately after eviction. In particular, if the lessor rents the premises to the lessee's competitor, the lessee's damage may be increased. In this case, the competitor is prepared to pay a higher rent to the lessor because the intangible assets such as customer which is already formed are available. \u0000Anyway, in France, the tenant's right to business is also called commercial ownership(propriété commerciale). In fact, this expression is intended to indicate that commercial lease is the most important element of goodwill and can be transferred together with goodwill. \u0000In relation to the requirements for the right to claim eviction compensation under French law, if the renewal is rejected, the lessee can claim eviction compensation, occurs, and other requirements are not necessary. However, only goodwill holders can request the renewal of the commercial lease, and there is no need to pay compensation if there is a reason to refuse the renewal, such as the tenant's failure to pay rent. In addition, there is no need to pay compensation if the demolition or reconstruction of the building is required for safety or hygiene. Therefore, if the above reasons do not exist and the lessor refuses to renew, the lessor must pay the lessee the eviction compensation. However, the amount and scope of the compensation may vary depending on the type of commercial lease. It is also controversial whether the agreement excluding compensation is valid, but considering the principle of private autonomy, such an agreement should also be considered valid. However, if the amount of compensation is large, it is not realistic to make a waiver agreement for eviction compensation. In this case, it is unlikely that the tenant will agree to give up the right of compensation. \u0000Regarding the scope of compensation, the French Commercial Law stipulates that the scope of compensation that the lessor must pay to the lessee corresponds to the amount of damage caused to the lessee due to the refusal to renew the commercial lease. However, the question of how to calculate the amount of damage arises. Article L.145-14 of the French Commercial Code states in principle that damages corresponding to 'loss of business' should be compensated. The market value of business is usually determined by multiplying the annual turnover of a business by a certain coefficie","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114630121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Developing a Housing Transaction Price Sensitivity Index","authors":"C. Maeng","doi":"10.55029/kabl.2023.46.119","DOIUrl":"https://doi.org/10.55029/kabl.2023.46.119","url":null,"abstract":"Over the past 10 years, housing prices across the country have continued to rise, peaking in December 2021, continuing to decline until March 2023. In this study, a methodology that can continuously monitor the real estate market nationwide through time series and cross-sectional analysis by developing an index that can indicate the sensitivity of housing prices traded by 17 cities and administrative districts during the period of rising and falling housing transaction prices would like to present.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131575067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Right to Housing in Housing Lease: With reference to German law","authors":"Jong-Duk Lee","doi":"10.55029/kabl.2023.46.75","DOIUrl":"https://doi.org/10.55029/kabl.2023.46.75","url":null,"abstract":"Although the domestic housing supply rate has already exceeded 100% from 10 years ago, the homeowner’s share of housing in 2021 is still at 57.3%. Due to the imbalance between supply and demand, there is a rapid rise in housing prices and a housing shortage in the housing rental market. As a result, housing tenants are suffering from housing instability and economic burden. In the domestic housing rental market, it not only greatly undermines the housing stability of the tenants, but also acts as an obstacle to the welfare and integration of the people. On the other hand, it is worth noting that advanced countries such as Germany, England, and France have already widely guaranteed the rights of lessees without imposing restrictions on the duration of leases since the 1960s and 1970s. \u0000Recently, there is an opinion that the lease period should be guaranteed for 6 years or longer by extending the minimum period of housing lease or by increasing the number of exercise of the right of renewal lease. From a comparative law point of view, there is no limit on the number of contract renewal rights or the rental period for housing leases. Therefore, from a long-term perspective, it would be desirable not to set the duration of the lease in order to guarantee the stable housing right. However, considering the domestic housing lease situation and legal system, a realistic alternative is not to restrict the exercise of the lessee's right of renewal lease. However, in this case, it is necessary to study the legal theory of the Reasons for refuse to renewal lease under Article 6-3 (1) of the Housing Lease Protection Act. In addition, iit is worth considering introducing the right of defense of poverty in Article 574 of the German Civil Code to strongly protect the housing rights of tenants in need. Furthermore, it is possible to secure the housing stability of the lessee through rent regulation that fundamentally prohibits the opportunity for the lessor to pursue economic interests by changing the lessee.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"22 4 Suppl 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132664035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Issue of Claims for Return of Unjust Unrichment between the Land Co-owner who are not the Sectional Owner and the Sectional Owner","authors":"Seongyong Kim","doi":"10.55029/kabl.2023.46.137","DOIUrl":"https://doi.org/10.55029/kabl.2023.46.137","url":null,"abstract":"The Supreme Court Decision 2017Da257067 changed the previous precedent on the issue of claim for return of unjust enrichment between the land co-owner who are not the sectional owner and the sectional owner. \u0000In the case of joint ownership of the site of the condominium building, the general rule of co-ownership under the Civil Act does not apply, and a new legal principle was proposed that the land co-owner who are not the sectional owner cannot claim the return of unjust unrichment against the sectional owner who has an proper share of the site according to the area ratio of the section for exclusive use. \u0000This decision was based on the concept of ‘proper land share’ as well as the integral indivisibility of the section for exclusive use and the right to use site. However, I think that excluding the application of general legal principles regarding co-ownership under the Civil Act in the joint relationship of the site of the condominium building is an interpretation that goes beyond the contents of the Act on Condominium Buildings. Therefore, it is reasonable to assume that even in the sharing relationship of the site for condominium building, the co-owner of the site, not the sectional owner, can claim the return of unjust unrichment from the use and profit of the site against the sectional owner.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115349143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Direction of Housing Policy for the Elderly of Various Types","authors":"Sung-Wook Kim","doi":"10.55029/kabl.2023.46.1","DOIUrl":"https://doi.org/10.55029/kabl.2023.46.1","url":null,"abstract":"In the case of Korea, as the entry into a super-aged society becomes a reality, various policies targeting the elderly are being implemented. In this dissertation, I have examined from what perspective it is rational to set the direction of housing policy, among various policies for the elderly. The main contents are summarized as follows. First, the supply entity of public (rental) housing should be diversified, and policies should be implemented to manage and quickly supplement aging housing. \u0000Second, rather than separating only the elderly and providing an integrated legal basis, it may be more appropriate to design and implement various types of housing models in each law in cooperation with related government agencies. Third, it is necessary to develop various types of housing models for the elderly. Fourth, it is necessary to allow the elderly to receive various services while living at home, and for the elderly in rural areas in poor conditions, it is necessary to ease the conditions of service. Fifth, in the case of housing renovation services for the elderly, it is necessary to establish a policy by receiving universal services rather than limiting the eligibility for application.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128929012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Restrictions on Animal Breeding Life in a Regulations by Property Owner Association","authors":"Ji-Eun Lee","doi":"10.55029/kabl.2023.45.169","DOIUrl":"https://doi.org/10.55029/kabl.2023.45.169","url":null,"abstract":"When a dispute occurs between other residents and pet owners in a condomimium, the current legal system has no choice but to resolve it through the regulations of management rules in condominiums. General restrictions of apartment housing inevitably have abstraction, but there are various aspects of disputes related to companion animals. Compared to other disturbances in common life such as noise and odor, the cause of disturbance of pets is difficult to control, and ordering the removal of the cause of disturbance may seriously infringe on the rights of residents. \u0000The purpose of this article is to study ‘reasonableness review’ cases of the United States to examine the criteria for judging the validity of the covenant that restrict pet breeding, especially when residents of condominium are restricted by management rules in condominiums. The most important case on the regulations limiting pet ownership is the Nahrsteht case, in which the California Supreme Court newly strengthened the judicial review criteria for violations of the management regulations by preventing residents from considering special situational factors. The standard of rationality is sometimes called the “California Standard,” because California first specified the standard in case law. Therefore, we will examine in detail the criteria for judging the “reasonable standard” of the U.S. California Court on the application of the management rules in condominiums.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130607108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Subject to which Reserves for Long-term Repairs in Reconstruction","authors":"Gookmi Shin","doi":"10.55029/kabl.2023.45.127","DOIUrl":"https://doi.org/10.55029/kabl.2023.45.127","url":null,"abstract":"There are frequent disputes between the Composition of Council of Occupants' Representatives and the reconstruction association over who should be attributed to the Reserves for Long-term Repairs accumulated when rebuilding apartments. The Multi-Family Housing Management Act does not provide any regulations on the handling or attribution of the Reserves for Long-term Repairs during reconstruction. The precedent for this is divided into a ruling that the Reserves for Long-term Repairs during reconstruction is succeeded to the reconstruction association from the Composition of Council of Occupants' Representatives and a ruling that it is not succeeded to the reconstruction association. The initial precedent was in the position that it would not be succeeded, but since the 2015 High Court ruling, the position that it would be succeeded to the reconstruction association has dominated. \u0000If the Reserves for Long-term Repairs is succeeded to the reconstruction association, it is questionable whether the Reserves for Long-term Repairs can be distributed to the members, the Reserves for Long-term Repairs can be used for reconstruction, and furthermore, whether it can be distributed to those who have not agreed to reconstruction. \u0000To solve these problems, this article first analyzed and reviewed the Supreme Court and lower court rulings on the attribution of the Reserves for Long-term Repairs during reconstruction, and then examined whether the grounds of the judgment were valid and there were no problems, and then prepared a reasonable legal principle for rational dispute resolution.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129092485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}