The current neighbor relationship regulations in our civil law focus on water-related, and many articles were enacted 60 years ago and have been invalidated as a whole. Therefore, there is a point that is not suitable for the vertical and three-dimensional use control required according to the progress of industrialization and urbanization today. In addition, despite the emergence of a new Neighbor Relationship of Apartment Houses, the civil law of Korea did not provide a solution, so it was intensively reviewed in relation to the Neighbor Relationship of Apartment Houses. In Korea, many problems can occur between neighbors as the type of apartment housing accounts for 75% of the total. In recent years, the desire to escape from neighbor relationship has become a social problem, e.g. interfloor noise, png, companion animal, right to sunshine and view etc. Due to Corona 19, interfloor noise increased by more than 50% from the same period last year, but the reality is that dispute resolution is not easy. Conflicts related to parking are appearing in apartment houses. Although the number of vehicles owned per household is increasing, there are few places to park, and neighboring conflicts are occurring due to the dinged-my-door accident arising from “parking difficulties”. In addition, it was found that out of all households in Korea, one household out of four has companion animals. There are many disputes related to raising companion animals in apartment houses, but the procedure for resolving such disputes has not been legalized yet and is simply classified as one of the noise disputes between floors. In the case of right to view sunshine, it has been a problem for more than 30 years as a case of dispute in earnest, and now it is an era in which victims are looking for a remedy after examining the law about the blocking of sunlight and the blocking of good prospects. In light of this increasing number of disputes, Korean civil law is not playing its role, so we will review it so that it can play a role in civil law. But, there are few domestic and foreign research papers on the Neighbor Relationship of Apartment Houses, there are limitations to the research of the issue in depth. However, by studying the Neighbor Relationship of Apartment Houses in civil law, I intend to lay the foundation for solving various problems that arise among neighbors.
목차
Abstract Ⅰ. Introduction Ⅱ. The history of the neighbor relationship and the problems of the current neighbor rules and regulations 1. Significance of neighbor relationship 2. The history of neighbor relationship 3. Neighbor relationship and problems under the current civil law Ⅲ. The main issues of the apartment houses neighbor relationship 1. Apartment house and neighbor relationship rules under the current civil law 2. Current status of new neighbor relationship disputes arising in apartment houses 3. Limitations of the Current neighbor relationship rules for Apartment Houses Ⅳ. Proposal of legislation under the Civil lawon neighbor relationship of apartment houses 1. Improvement plan for neighbor relationship regulations under the current civil law 2. Newly-organized apartment houses neighbor relationship regulations Ⅴ. Conclusion [References]
키워드
Neighbor RelationshipNeighbor RightNeighbor Relationship of Apartment Housesnoise between floorparkingPetRight to SunshineRight to View
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.