Korean Institute for Aggregate Buildings Law最新文献

{"title":"Problems and Improvement Measures of Land Acquisition Procedures in Jeju Region","authors":"Sung-Wook Kim","doi":"10.55029/kabl.2023.45.41","DOIUrl":"https://doi.org/10.55029/kabl.2023.45.41","url":null,"abstract":"This paper discusses the problems of land acquisition procedures and some improvement measures in Jeju area. The main contents are summarized as follows. First, compensation for land and ground objects must be determined based on market value. Second, compensation for solar installation costs should be determined based on the cost actually spent by the land owner. Third, specific data to determine comparative standard land must be submitted. And a sufficient explanation of comparative standard land is needed. Fourth, if the price of land has risen as a result of public works, it should be excluded from compensation.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"291 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":"117323574","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":"Analysis of the Recent Decisions of Korean Supreme Court regarding the Claim for Delivery of Sectional Buildings without Independence in Structure and Use","authors":"Dong-Hyeon Shin","doi":"10.55029/kabl.2023.45.59","DOIUrl":"https://doi.org/10.55029/kabl.2023.45.59","url":null,"abstract":"「Act on Ownership and Management of Condominium Buildings」(hereinafter referred to as “The Condominium Buildings Act”) and the related decisions are on the way to completing the unified rules for condominium buildings through several revisions, however, the current status of use of the actual transaction system has led to cases that require flexible operation of legal principles related to the Condominium Buildings Act. \u0000As one of such cases, significant issues are the recent decisions of Korean Supreme Court regarding the claim for delivery of sectional buildings without independence in structure and use, which are: Supreme Court Decision 2015Da3471 Delivered on March 27, 2018 and Supreme Court Decision 2021Da220666 Delivered on June 24, 2021. \u0000In Decision 2015Da3471, the Supreme Court developed a discussion based on the existing rules of the Condominium Buildings Act and the related Supreme Court decisions, which were easing independence in structure and use, while combining these judgments with the rules of limiting the exercise of the rights of obligees against holders of rights. Such a conclusion was a realistic solution reflecting the characteristics of the specific case, and although the rationale was not sufficiently mentioned, it can be evaluated as persuasive in light of the existing legal principles. \u0000In Decision 2021Da220666, the Supreme Court deepened the existing legal principle of Supreme Court Decision 2012Da105 Delivered on May 24, 2012 specifically, regarding the specification of the object of sale when the actual use status and the registration of the condominium buildings ledger etc. were different in the contract for sale of the sectioned store of the commercial building. That decision can be evaluated as a meaningful one in that it was a decision of the Supreme Court that was judging specific cases in which special circumstances in which the object of sale should be specified according to the actual status of use, rather than the registration of the buildings ledger, etc..","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"8 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":"129896660","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":"Eine Implikation von Anspruch auf bauliche Veränderung für ältere Menschen","authors":"Sung-mi Kim, Taeyoung Yoon","doi":"10.55029/kabl.2023.45.95","DOIUrl":"https://doi.org/10.55029/kabl.2023.45.95","url":null,"abstract":"Die wichtigste Grundlage des Lebens ist das Haus. Insbesondere ein sicheres Wohnumfeld ist das wichtigste Kriterium zur Bewertung der Lebensqualität. Da insbesondere im Alter oder bei anderen geriatrischen Erkrankungen allmählich Bewegungseinschränkungen auftreten, sind verschiedene Fürsorge für ältere Menschen erforderlich. \u0000Deutschland, schon eine hochbetagte Gesellschaft, steht Der Demografische Wandel und die damit verbundene Alterung der deutschen Gesellschaft seit längerem im Fokus von Öffentlichkeit und Politik. Aus diesem Grund setzt verschiedene Gesetze und Richtlinien für die Wohnfürsorge für ältere Menschen um. Insbesonders § 554 Abs. 1 BGB(bei Mietern) und § 20 Abs. 2 Nr. 1 WEG(bei Eigentümern) sehen den Anspruch auf Bauliche Veränderung für die Menschen mit Behinderung(Inklusiv ältere Menschen) vor. Die beiden pateien, können nach solcher Vorschriten verlangen, dass ihm der Vermieter baulicher Veränderungen der Mietsache erlaubt. \u0000Vor der Etablierung der Vorschriften zum Barriererreduzierung in § 554 BGB hat das Bundesverfassungsgericht entschieden, dass das Wohnrecht in einem Mietsache auch das Recht zur Benutzung von Treppen und Durchgängen umfasst, also muss der Vermieter zustimmen. Es lohnt sich jedoch, die Entscheidung des Gerichts zu beachten. Die Befugnisse von Mieter und Vermieter zuzuordnen und abzugrenzen, ist Aufgabe des Gesetzgebers. Er muss die schutzwürdigen Interessen beider Seiten berücksichtigen und in ein ausgewogenes Verhältnis bringen. Die allgemein zuständigen Gerichte haben bei der Auslegung und Anwendung der maßgeblichen gesetzlichen Vorschriften des einfachen Rechts ebenfalls die durch die Eigentumsgarantie gezogenen Grenzen zu beachten. Sie müssen die im Gesetz auf Grund verfassungsmäßiger Grundlage zum Ausdruck kommende Interessenabwägung in einer Weise nachvollziehen, die den beiderseitigen Eigentumsschutz beachtet und unverhältnismäßige Eigentumsbeschränkungen vermeidet Darüber hinaus könnte die Tatsache einen Anhaltpunkt auf unser Rechtssystem geben, dass Deutschland schließlich Streitigkeiten zwischen den Parteien reduzierte, indem es gesetzliche Maßnahmen gegen Streitigkeiten des Umbaus zum Barrierefreies wohnen ergriff. Es ist zu hoffen, dass diese deutschen Vorschriftenfälle als Eckpfeiler für eine wohnungsfreundliche Gesetzgebung in Korea dienen können.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"32 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":"115987868","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 relationship between the particularity of the independence of certified public accountants and the accounting audit to multi-family housing","authors":"K. Choi","doi":"10.55029/kabl.2023.45.199","DOIUrl":"https://doi.org/10.55029/kabl.2023.45.199","url":null,"abstract":"The duties of a certified public accountant are divided into an accounting audit that provides information to unidentified third parties, and tax agency, accounting-related appraisal that has a linear structure between a mandator and a mandate. In particular, accounting auditing has the characteristics of a mixed contract centered on a mandate contract, but it is distinctive in that it has an obligation to provide information to a third party. The main conceptual elements of accounting audit are the preparation of financial statements and the existence of generally accepted accounting principles, the existence of an independent third-party certified public accountant, the existence of generally accepted audit standards and professional work performance accordingly, and the expression of opinions on information users. The most significant of these was independence. This is because, through independence, the certified public accountant obtains and retains a trust on objectivity and fairness of auditing not only in terms of mental independence but also in appearance. \u0000There are various systems that support the independence of accounting audits, including the general provisions of Article 15, Paragraph 1 of the Certified Public Accountant Act, the restriction of functions of Articles 21 and 33, the designation system of the External Audit Act, and the prohibition of preparing financial statements. Furthermore, the Code of Ethics for Certified Public Accountants also functions as a practical disciplinary code, and since it is influenced by International Ethics Standard Board for Accountants, the independence of CPA is becoming a global standard. \u0000We also reviewed the accounting audit of multi-family housing including apartment houses, which is a representative area of accounting audit other than external audit. Although the purpose of the accounting audit of apartment houses may be somewhat different from that of the company, the basic principle and essence of the audit is the same, and the independence of certified public accountants must be strictly maintained. In particular, it has something in common with Article 21 of the Certified Public Accountant Act in that the simultaneous performance of accounting audit and bookkeeping violates independence. \u0000The independence of a certified public accountant is a mark derived from accounting audit, which is the exclusive mission of a certified public accountant, and plays a role in enabling third-party information users to use correct information by enabling accounting audits to be performed in an objective and fair position. At the same time, it can be seen that disciplinary procedures and criminal punishment are premised in case of violation of the obligation to maintain independence. Therefore, the independence of certified public accountants, especially in accounting auditing, is a concept with unique characteristics that cannot be found in other field.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"25 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":"126502274","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":"Legal Issues in the Condominium Acts in the U.S.: Focusing on the Types of Buildings","authors":"Jae-il Song","doi":"10.55029/kabl.2023.45.1","DOIUrl":"https://doi.org/10.55029/kabl.2023.45.1","url":null,"abstract":"I have been to Arkansas Law School for my sabbatical from 2018 to 2019. Arkansas was also the first state in the U.S. to have a condominium act along with Hawaii at the state level. In America, as each state has a different condominium law, the trend of uniform law is also seen. To me, the city's approval of hybrid buildings, owners' associations, and development projects were impressive. Owners' associations or community associations are now normal. \u0000The United States has a variety of laws at the federal and state levels surrounding collective buildings and regulating statutory controls and housing and owners. In particular, the definitions and differences of condominiums, townhouses, cooperatives, and time-sharing, the creation and conversion of collective buildings, and the governance of owner associations will have many implications for Korea, which has an unfinished collective building law system.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"36 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":"121824718","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":"Legal issues of Attribution for public facilities in the National Land Planning and Utilization Act","authors":"Hae-young Jeong","doi":"10.55029/kabl.2022.44.103","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.103","url":null,"abstract":"Attribution system for public facilities is a regulations determining the ownership of public facilities for the installation of public facilities and its efficient management, governing the appropriate burden of public facilities installation costs The legal characteristic of this system is that, in the automatic condemnation, there is a change in real rights according to the provisions of the law, and in the case of gratuitous transfer, administrative property can be immediately disposed of without going through the abolition procedure. The basic form of the legal system is when a person who has obtained permission for development activities installs public facilities, and depending on whether the person who has obtained the permit is an administrative agency or not, it is classified into automatic condemnation and gratuitous transfer. The automatic condemnation is applied when functional substitutability between new public facilities and existing public facilities is recognized, so there is no special legal problem. However, in the case of gratuitous transfer, the licensed person is in a legally unstable state because it is decided at the discretion of administrative agency whether the licensed person can receive the gratuitous transfer. According to the purpose of the system, it is reasonable to interpret it as having to transfer existing public facilities to the licensed person unless there are special circumstances. Despite the need to secure essential public facilities, this system creates a considerable burden on the project operator. However, there are many unclear parts in relation to the endowment, the requirements and effects for applying the system. This causes various problems in practice. Therefore, it is necessary to various discussions and legislative efforts to solve these practical problems.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121279795","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 Establishment and Scope of Unjust Enrichment by Reason of Insufficient Land Use Rights of Condominium Buildings","authors":"E. Jung","doi":"10.55029/kabl.2022.44.37","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.37","url":null,"abstract":"Sectional owners share a land provided for a condominium building from an external point of view, while internally using a specific part of the land for the section of exclusive use. This paper deals with sectional owners with insufficient land use rights. The substantial character of land use rights provides useful guidance to assess whether they are unjustly gaining benefits from the land. The unjust enrichment claim brought against a sectional owner with insufficient land use rights should be dismissed, while the same claim by shareholders of the land without sectional ownership can be established. The claims against sectional owners with proper amount of the rights should not be accepted. The scope of unjust enrichment is calculated as follows: Appraised value of the rent × Each sectional owner's insufficient amount of share / Plaintiff's share of land. They bear the responsibility separately, not indivisibly.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116715961","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":"Management of Aggregate buildings and participation of occupiers","authors":"S. Park","doi":"10.55029/kabl.2022.44.179","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.179","url":null,"abstract":"The 「Act On Ownership And Management Of Condominium Buildings」(hereinafter 「Aggregate Building Law」) stipulates that a person who occupies the section for exclusive use with division owner’s consent has the same status as the division owner. According to 「Aggregate Building Law」, for the occupant's participation, he/she has a voting right at a managing body's meeting and election of a managing committee members at the same time, may attend the meeting and state his/her opinion, insofar as has an interest in the purpose of the meeting. Furthermore, the「Aggregate Building Law」actively encourages the occupants to participate in the managing body, and proposes that a certain number of occupants shall be members of managing committee. About this, the researcher criticizes that it infringes on the basic rights of the division owner, because the occupant is exercising the same rights. However, it is positively evaluated the occupant’s participating in the managing committee as a member, In terms of guaranteeing his will. But, the「Aggregate Building Law」does not provide for the managing committee as an essential institution of the managing body, and even where a managing committee is established, a manager shall conduct after a resolution adopted at the managing committee: Provided, That this shall not apply to the matters otherwise prescribed by regulations. Therefore, the researcher proposes to define the managing committee, which guarantees the participation of the occupants, as an essential institution of the managing body, partial amendments to the「Aggregate Building Law」","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126065058","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":"Land Reform Movement in Germany (II): Focusing on Land Reform Legislation","authors":"Seongeun Kim","doi":"10.55029/kabl.2022.44.157","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.157","url":null,"abstract":"In Germany, the population of large cities such as Berlin has increased rapidly due to industrialization and urbanization since modern times. The rental apartments for workers in large cities built during this period were called “rental barracks”(Mietskaserne), and the living conditions were very poor. As such, the demand for residential space in large cities continued to increase, and this resulted in an increase in demand for land, leading to a rapid rise in land prices. In the midst of this, American economist Henry George argued that the land value should be shared by society through the land value taxation, which collects land rent as a tax, and through this, the land problem could be solved. Influenced by Henry George's argument, Adolf Damashke appeared in Germany and the German Land Reformers Association (Bund Deutscher Bodenreformer) was formed. Due to their efforts, the Hereditary Land Rights Act was enacted in 1919, and Article 155 of the Weimar Constitution contained the content of the return of development profits. However, even if the constitution stipulates the return of development profits, the subsequent legislation was not implemented. This experience of Germany's past legislation can be used as a reference in Korea's current legislation related to land-rental housing for sale and the issue of stipulating the concept of land public in the Constitution.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116954129","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 problems of residential 'officetels' based on Zoning system and plans to improve the system: Focused on Act on ownership and management of condominium buildings","authors":"Jaehyang Han, Hong-bae Kim","doi":"10.55029/kabl.2022.44.209","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.209","url":null,"abstract":"The use zoning system in urban planning promotes efficient use of land based on each use by dividing residential and commercial areas according to their respective functions. Since officetels were first distributed in commercial areas in 1985, the supply of residential officetels has increased every year. A total of 941,737 officetels were supplied nationwide by June 2021, of which 71.5% were residential officetels. Since residential officetels are classified as business facilities under the Building Act, the Act on Ownership and Management of Collective Buildings, not the Housing Act, applies. When a residential officetel is built in a commercial area, the minimum housing standards applied to housing do not apply, and there is no obligation to install convenience facilities for residents. Also, it is excluded from the standard for calculating school facilities under the School Land Act. As such, the expansion of the supply of residential officetels causes problems in urban management. Also, there are problems in building management because the regulations on building management are insufficient in the collective building law that regulates officetels. The problem of urban management and building management for these officetels is due to the conflict between the use zoning system and the government's housing supply policy. In principle, the construction of residential officetels in commercial areas does not meet the purpose of the use zoning system. Therefore, fundamentally, the construction of residential officetels in commercial areas should be avoided or housing measures should be established in line with the purpose of the use zoning system. On the other hand, since officetels built against the purpose of the zoning system are also in accordance with the government's housing supply policy, residents of residential officetels must receive protection equivalent to that of housing residents. Although residential officetels are actually apartment houses, they are classified as business facilities by law, so the Collective Building Act, not the Apartment House Management Act, is applied. As a result, residents of residential officetels do not receive the same protections as tenants under the Apartment Housing Management Act. By comparing and analyzing the MDU and the Collective Building Act, this thesis identified the problems of the Collective Building Act as insufficient protection of occupants' rights, lack of management group assembly regulations, and lack of institutional control devices. Accordingly, the directions for institutional resolution of residential officetel management were divided into improvement of occupants' rights, improvement of management group assembly system, and improvement of institutional control system. Since residents of residential officetels are occupants of apartment houses, the Collective Building Act should be amended to protect them in accordance with the Multi-House Management Act.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124374291","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}