공동주택에서의 전유부분 사용방법과 '공동의 이익'에 관한 연구

A Study on a Method of Using Section of Exclusive Ownership in Apartment Houses and Common Interest This thesis purposed to establish and clarify the legal grounds of an argument on problems of how to use section of exclusive ownership and common interest pursuant to Divided Ownership Act, using the precedent for a case of breeding a pet in apartment houses in Japan. Disputes in apartment houses sometimes result from characteristics of building such as structure and scale, but most disputes are caused by complicated relationship of right and use due to 'divided ownership as a type of ownership' and 'apartment house as a residential type'. An apartment house is a housing type : a lot of owners of divided section and occupants reside together in a building. Thus, residents in an apartment house should obey common rules regarding using of section of exclusive ownership as well as common section. That is, an apartment house demands a different way of residence from that of general houses. Since 'acts against common interest' are abstract and general prescription, fixed standards are needed. Whether an act is against common interest or not has to be judged based on comparative consideration of all conditions such as the necessity of relevant acts, aspects and degree of disadvantage that other owners of divided section suffer. In addition, common interest not only from the perspective of property management but also from the viewpoints of common living has to be included in the range of common interest. As for those who act against common interest, three legal measures can be taken : a claim for suspension of acts, a claim for prohibition on use, a claim for auction of divided ownership.