설계도서와 집합건물의 구분소유관계의 관련성에 관한 연구

Abstract

When the building is completed, the developer decides whether the building is a general building or a condominium building. It is called a juristic act for division that the owner expresses his intention to make a general building into a condominium building. The developer, who is the seller of condominium, should clearly determine the unit and the common element, and the limited common element through the juristic act for division. Otherwise, after the sale of the condominium building, disputes arise between the unit owners due to the unclear expression of units and common elements. If the developer's juristic act for division should be the standard for determining the relationship between unit owners, it is embodied through drawings and specification. The juristic act for division is expressed when applying for a construction permission, parceling out units, or applying the approval of use of condominium based on drawings and specification. However, in reality, drawings and specification are not the criteria for clarifying the relationship between unit owners. This is because the scope of the units and common element, and limited common element are not properly displayed in drawings and specification. In addition, the contents of drawings and specification may vary depending on the designer of the building. The developer of the building is often indifferent to the relationship between unit owners included in the drawings and specification. For this reason, when there are disputes of the relationship between unit owners, juristic act for division or drawings and specification are not the criteria for determining the relationship. To solve these problems, the contents of drawings and specification should be prepared for clarification of the relationship between unit owners, and the content of drawings and specification should be reflected in the contract for parceling out units of condominium, in the application for approval of use of building, and in the condominium building registers. Therefore, it is necessary to make the contents of drawings and specification or building registers a standard for dispute resolution when problems arise among unit owners regarding the relationship of condominium, such as the scope of a unit and common elements, or limited common elements.