Korean Institute for Aggregate Buildings Law最新文献

{"title":"Completion of Some Floors of a New Building and Acquisition of the Divided Ownership","authors":"Sung Wook Kim","doi":"10.55029/kabl.2022.44.83","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.83","url":null,"abstract":"The title of this thesis is ‘Completion of Some Floors of a New Building and Acquisition of the Divided Ownership’. It would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since the divided ownership system is something that is being newly developed, a thorough examination of past problems can lead to a future's adhesion contract system that is more rational and accords with substantial justice. I reviewed the timing of the establishment of divisional ownership in the process of new construction of a collective building. For example, I think that when the independent part of the first floor of a collective building is completed, separate ownership of the independent part of the first floor is established.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"1 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":"129244021","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":"Improvement of the Provisions for Protection of Opportunity to Recover Premium","authors":"Ki-Won Kang","doi":"10.55029/kabl.2022.44.129","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.129","url":null,"abstract":"In Korea, self-employed people account for about 24% of the total number of employed people, so the proportion of them is especially high when compared to the world. Most of these self-employed businesses operate as tenants, but on May 13, 2015, five provisions were newly established in the Commercial Building Lease Protection Act, which mainly protects the opportunity to recover the premium, and on October 16, 2018, protection for tenants was strengthened. Nevertheless, criticism continues that it is still insufficient to protect tenants, and in reality, disputes are constantly occurring. The reason why premium disputes are constantly occurring is that the concept of the newly established premium as above is uncertain and does not play a practical role in protecting tenants. Therefore, in this study, the author critically analyzes the current premium collection opportunity protection regulations and proposes a legislative improvement plan that can more practically and stably protect the premium collection opportunity of commercial tenants.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"62 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":"131205930","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":"Strata Ownership as a sui generis Title: Lessons from the Recent Research of Legislative History in Japan","authors":"Joon-Hyong Lee","doi":"10.55029/kabl.2022.44.1","DOIUrl":"https://doi.org/10.55029/kabl.2022.44.1","url":null,"abstract":"The Korean Collective Building Act, enacted in 1984, was drafted by private law professors with the helps of legally trained public officials; in Japan, there has been a widespread idea that the Japanese counterpart was necessary to implement urban planning law. However, recently released researches successfully came to refute this idea based on travaux préparatoires, which shows that the situations in two countries were alike: private law professors and judicial officials played a leading role from beginning to end; they primarily focused on the protection of buildings, not concerned with urban planning (II). In conclusion, some theses are summed up as follows: ① Collective Building Act belongs to one of enactments mentioned in the latter part of Art. 23 para. 1 of the Korean Constitution, which established a new institution ‘strata title’, a novelty of property. ② The entitlement needs a further justification, however, from the constitutional considerations, because of several innovations quite strange to traditional legal concepts. ③ In principle, other real estate statutes as lex specialis should be strictly and narrowly interpreted, in the same way as private law(lex generalis), to respect private autonomy (Ⅲ).","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"36 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":"114964975","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 recent Reform of the German and Austrian Condominium Act","authors":"S. Kim","doi":"10.55029/kabl.2022.43.1","DOIUrl":"https://doi.org/10.55029/kabl.2022.43.1","url":null,"abstract":"In this article, the main contents of the German Condominium Act amended in 2020 and the Austrian Condominium Act of 2002 amended in 2021 are reviewed focusing on their legislative materials. The Condominium Act of Germany and Austria are similar to that of Korea, and their recent revisions were mainly made to cope with the aging of condominium buildings and to improve management efficiency. The implications drawn from the studies are as follows. First, it is necessary to consider lowering the quorum for matters regarding the change of the section for common use of collective buildings, such as Germany. Second, referring to the case of Austria, it is necessary to review the introduction of regulations on the repair allowance (reserve), especially the minimum reserve amount. Third, referring to the case of Germany, the manager has comprehensive management authority for matters that do not require a resolution of the managing body, so that the manager can escape from excessive interference by the sectional owner, and at the same time, the sectional owner can also easily dismiss the manager. For the problems that have not been solved by relying solely on private autonomy for the past several decades, it is necessary to either allow the sectional owner to solve the problems autonomously according to more relaxed requirements than now, or, if necessary, find a way to establish management standards in the law.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114278243","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":"De facto Acquisition Date in Case of Disputed Ownership in Real Estate Proceedings: Focused on Supreme Court’s Judgment of May 27, 2021, 2017DU56032","authors":"yong-won kil, M. Choi","doi":"10.55029/kabl.2022.43.59","DOIUrl":"https://doi.org/10.55029/kabl.2022.43.59","url":null,"abstract":"Tax law concerned is basically a relationship in which the state demands taxpayers a monetary benefit called tax. For this reason, the judicial principle works strongly. Judicial acts and transactions and the interpretation and application of tax laws are closely related. However, after the tax legal relations are established and finalized, the taxation agency's valuation right is reserved, especially in the finalization, so the taxation authority has the right to self-execute in order to secure the finalized tax claims. It grants privileges such as monitoring and supervision rights. In this respect, there is a debate to clarify the degree of intervention of judicial provisions in tax law relations. \u0000Actual tax law may use the same term but interpret and apply it with different standards from civil law. Typical examples are \"acquisition\" under the Local Tax Law and \"acquisition\" under the Civil Code. The issue on this subject is also based on this. \u0000The object of acquisition under the acquisition tax is the ownership of the taxable property. Therefore, in the judiciary, in order to become a property subject to acquisition tax, it is necessary to have requirements such as registration / registration and delivery, but the Local Tax Law that stipulates the taxation requirements for acquisition tax is based on Article 186 of the Civil Code. In addition to the acquisition of ownership, de facto acquisition is also included in the subject of acquisition tax. The \"de facto acquisition\" of real estate means that even if the real estate is not registered under the Civil Code, in the case of buying and selling, the purchaser can acquire the ownership and use and profit the real estate at any time after the payment of the price etc. is completed. \u0000Recently, the Supreme Court has decided whether or not the acquisition time will be effectively changed if the ownership is disputed in a real estate-related lawsuit. In conclusion, after the acquisition was virtually made by the Local Tax Law and the acquisition time came, I saw that the acquisition time would not be changed when the relevant proceeding was finalized just because a proceeding was filed to dispute the acquisition. Considering the purpose of introducing the concept of acquisition in the Local Tax Law, I think it is a valid judgment.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129386544","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 Public Law Study on Rent Controls in Berlin: Centered on the decision of the Federal Constitutional Court","authors":"Jae-yoon Park","doi":"10.55029/kabl.2022.43.37","DOIUrl":"https://doi.org/10.55029/kabl.2022.43.37","url":null,"abstract":"Criticism has been raised over the legislative process to the extent that the revised legislation on the so-called Three Rent Acts in 2020 is called legislative dictatorship. The rent law is the subject of civil law, but from public law perspective, it can be regarded as one of regulatory legislations as part of a kind of housing policy. It can be said that it is a very important element of evaluation of the regulatory legislation whether it has undergone an appropriate process of deliberation based on our economic reality. \u0000This study deals with the regulation on the rent control in Berlin, which has recently become a problem in Germany, and the decision on unconstitutionality of the German Federal Constitutional Court. The Berlin’s rent cap is a very radical legislative attempt comparable to our Three Rent Acts. But, it is difficult to compare them in that German civil law as a whole, because of regulations that are not in Korean civil law. \u0000The above decision has a simple logical structure that the Act that introduced the Berlin’s rent cap is unconstitutional because the federation used competitive legislative authority completely. However, by devoting very long pages to explaining the German legislative history on social rent law, it warns that the rationality and prudence of legislation are important. \u0000Through the discussion on German rent regulations, the level of avoiding ideological discussions shown by German law, the systematic and balanced German civil law system, and the importance of a step-by-step and unified response to housing rent regulation can be seen. The level of Korean law has already well developed for a long time, and it is exceeding the level of simply translating foreign law. Therefore, it is silly to imitate German legislation without analyzing or deliberating on our economic situation.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121965803","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 Legal Framework for Public Housing Supply","authors":"Seong-Ae Kim","doi":"10.55029/kabl.2022.43.87","DOIUrl":"https://doi.org/10.55029/kabl.2022.43.87","url":null,"abstract":"Public housing refers to housing that is built, purchased, or leased and supplied by a public housing business entity under the Special Act on Public Housing with financial support from the State or local governments or the Housing and Urban Fund. Public housing can be broadly divided into public rental housing and public sale housing. Public rental housing is divided into eight types: permanent rental housing, national rental housing, happy housing, and etc.. In addition, so-called public-private self-owned housing was introduced in 2021. \u0000Korea's public rental housing system has changed according to the policy regimes of governments on public rental housing, and with these changes, new types of public rental housing have been introduced and the supply of certain types of public rental housing has increased or decreased. And there were also changes in the name and legal basis of public rental housing. \u0000The integrated public rental housing type was introduced in 2020 to unify the various types of public rental housing and simplify the occupancy qualifications. Follow-up measures are needed for the establishment of the integrated public rental housing type. Meanwhile, there are doubts about the effectiveness of so-called public-private self-owned housing, such as accumulated equity housing unit for sale and profit-sharing housing unit for sale, introduced in 2021. And until now, public housing was supplied by the State and LH Corporation, but now there is an opinion that the social housing supplied by local governments and social economy entities should be revitalized. However, due to the nature of social housing, social economy entities will experience financial difficulties just like LH Corporation, and these difficulties will eventually be resolved only with the support of the State or local governments. However, such support for social economic entities would be a burden to the State or local governments, and therefore, social consensus on such support should be preceded. In addition, social conflicts are occurring due to the supply of public housing, and social mix policies are being attempted to solve this problem, but another type of social conflict is occurring as a result. Ultimately, social conflicts caused by public housing can only be resolved when there is a social consensus on the overall public housing policy.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130664145","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 Polarization Index","authors":"C. Maeng","doi":"10.55029/kabl.2022.43.115","DOIUrl":"https://doi.org/10.55029/kabl.2022.43.115","url":null,"abstract":"Since the recent COVID-19 outbreak, the so-called “housing price polarization phenomenon,” in which real estate inflation is aggravated and the regional housing price gap widens, is deepening. This study classifies and analyzes housing transaction polarization by housing and transaction types in 17 cities and provinces across the country through developing 'Housing Transaction Price Polarization Index'. Furthermore, this study suggests the HTPPI as an alternative way to review social and economic issues through analyzing them for more in-depth methodology with quantitative outcomes from the HTPPI.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122775110","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 Qualification of Manager and Member of the Board of Condominium","authors":"Youngdoo Kim","doi":"10.55029/kabl.2022.42.149","DOIUrl":"https://doi.org/10.55029/kabl.2022.42.149","url":null,"abstract":"The manager of condominium is a representative of the unit owners’ association of condominium. The unit owners live together in condominium building, form the unit owners’ association and manage the building together. A manager shall exercise leadership for all members with responsibility as a representative of the unit owners’ association and should listen to the unit onwers’ opinions while communicating with them. However, if a corporation becomes a representative, it is unclear who should be responsible for the decision of the corporation, because not only representative but also general meetings, audits, and bylaws affect the judgments made by corporation. It is difficult to expect the corporation itself to lead unit owners’ association with leadership. For this reason, it is generally accepted that a corporation cannot become a director or a representative of a legal entity in Korea. Therefore the manager of condominium needs not be a unit owner, but must be a natural person.\u0000Whether a corporation can be a manager is closely related to the question of whether a management company can be a manager. In order for a management company to become a manager, a corporation should be allowed to be a manager. However, regardless of whether a corporation can be a manager, a management company should not a manager. The management company is a contract party of a management contract with the unit owners’ association, and if the contract party that enters into the contract with unit owners’ association becomes the representative of it, the interests of unit owners’ association and the management company conflict.\u0000A corporation can be a management committee member of condominium? Since the Condominium Act stipulates that only the unit owner can be a management committee member and does not allow the representative of the corporation which is a unit owner to be a management committee member. a corporation which is a unit owner can become a management committee member. However,","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127883269","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":"Legislative Direction on the Ownership and Management of Houses in North Korea after Unification","authors":"MiJin Oh, Sungwook Kim","doi":"10.55029/kabl.2022.42.105","DOIUrl":"https://doi.org/10.55029/kabl.2022.42.105","url":null,"abstract":"The title of this thesis is “Legislative Direction on the Ownership and Management of Houses in North Korea after Unification”. The difference between capitalism and socialism is whether individual ownership of the means of production is allowed or not. In this thesis, I reviewed the current direction of integration of housing laws and housing systems in South and North Korea. And I reviewed the legislative direction regarding housing ownership and management in North Korea after the reunification of South and North Korea. The main contents of this paper are summarized as follows. First, North Korean housing needs to be reviewed in the direction of respecting the living environment of North Koreans. Second, the principle of one house ownership per household should be applied to North Korean housing. Third, in the case of apartment houses in North Korea, the possibility of separate disposal of land and buildings should not be allowed. Fourth, an independent organization is needed in the process of reorganizing North Korean housing.","PeriodicalId":399431,"journal":{"name":"Korean Institute for Aggregate Buildings Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121347347","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}