집합건물의 대지권에 관한 연구


A study on site right of aggregate building


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It is regulated for divided owner to divide part of exclusively ow ned part he has from right to use land area, and it is prohibited to separate two parties. Change of legal relationship of right to use a site that this unity of selling is applied is not registered in land reg ister, but in building register, after that both parties follow the sam e legal destiny, unite the right relation, this kind of right to use lan d area is called right to a site. Hence, right to a site is not actual concept of a law, but it can be considered as a concept of adjective law of the real property registration act. The real property registration act is, if it is a collective building, actually combine a building register and a land register, in principal, not making an official note of change of legal relationship about rig ht to use land area on a land register, instead, it is requested to m ake an official note these on building register with change of legal relation about building. In other words, retain conventional land regi ster and building register, but for a register of collective building, i nstead of leave it in each sectioned building, use 1 paper for 1 unit of collective building, let it does indication registration of the unit 1 whole building and indication registration about a lot number of the land which is a goal of a right of a site and area on a column for a title, meanwhile, after joint column for a title, requested to registe r that, make additional column for a title and ext A and exit B to mark each sectioned building and legal relationship data. And, let it only register the part of exclusive ownership on column for a title of each sectioned building, request to register type of a right to a s ite and ratio of portion among column for a title, later by prohibitin g ownership transfer registration on a right to a site and mortgage registration, try the practical integration of land register and buildin g register. And, on the first registration of initial ownership of real estate, if a right to a site is unregistered, by letting registration officer to us e the actual evaluation right to closely investigate a reason for a ri ght to a site is unregistered, write a reason of unregistered right of a site title, the method to analyze legal relation easier for the gener al public, who have undefined fear of unregistered right to a site, s hould be legalized.


Ⅰ. 서론
 Ⅱ. 대지권
 Ⅲ. 대지권등기
 Ⅳ. 대지권 취지의 등기 및 변경등기
 Ⅴ. 결론


  • 김형식 Kim, Hyeong-Sik. 동국대학교 일반대학원 법학과 박사과정 수료


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