Earticle

초록

영어

Divided ownership refers to a form of ownership in which a land is divided into multiple things and shared by many individuals, but in truth it is sharing land with others by divided it by individual p urpose and use it only for themselves. In past, the size of individual lands was bigger and it was hard to get permission from a government office. Also as the difficulty of technology in dividing land by individual purposes, usually they use the land in divided ownershi p form. However in present, as the opposite of past, it makes a change that individual owners combine multiple lands into one land and build a building which own by several individuals. As in this cas e, the occurrence of divided ownership can not be controlled so the special regulations about divided ownership must be established. Like in these days, especially when the town-houses which combine the conveniences of detached house and the advantages of apartment have built in many places, the sharing in divided ownership form has been occupied and abused frequently. For example. the garden only for uses of first floor residents or other support rooms for uses of certain person have laid many problems and these are the realities of life. Even though there is a regulation states that the garden can not be used by certain person(clause 10, Multi-owned Building Act), by using the blind shaft of before the establishment of co nservancy, sale manufacturers made arbitrary contract that they allow to use certain part of building as the divided ownership sharing which is unlawful act so it needs to be cautious meanwhile it needs legal examination about these acts. In point that the divided owner relationship composite by interact people trust, people need to separate and look into the 2 sides, the interior side between trusters and consignees as like as in people trust in a principle of law and the exterior side of the 3rd people. Also this these will look into if the divided ownership can be preserved, when the land transfer to the 3rd person.

목차

Ⅰ. 들어가는 말
 Ⅱ. 공유의 법적 성질
 Ⅲ. 구분소유적 공유의 관계
 Ⅳ. 구분소유적 공유의 성립
 Ⅴ. 맺음말
 참고문헌
 

키워드

구분소유적공유 구분소유권 공유 명의신탁 전용면적 공용면적 Co-ownership of divided ownership Divided ownership Sharing People trust Private area Public area

저자

• 이영수 [ Lee youngsoo | 동국대학교 일반대학원 법학과 부동산법 박사수료. 한양대학교 일반대학원 경영학 박사수료. ]

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