집합건물의 대지사용권의 수반성과 분리처분금지-대법원 2018. 12. 28. 선고 2018다219727 판결-

In Korea, building is treated as a separate thing from building site. A building is destined to be demolished if it fails to secure the right to use the building site. In condominium building, the demolition of a unit shall have a deep impact on the other unit owner, therefore the combination of the unit and the right to use site of condominium is very important. The Article 20 of Korean “Condominium Act”(KCA) secures the combination of the unit and the right to the site; paragraph 1 provides that the right to use site shall follow the disposition of the unit of condominium building; paragraph 2 provides that the unit owner shall not dispose the right to use site separately from the unit; paragraph 3 provides that the prohibition of separate disposition shall not be opposed against a third person acting in good faith unless the prohibition of separate disposition is registered. In Supreme Court Decision 2018Da219727 Decided December 28, 2018, the developer sold the units and the shares to the site except some of shares of the site, which the third person acquired. The Supreme Court ruled that the shares of the site reserved to the developer belonged to the buyers of the units, and the third person should not acquired the shares of the site because of the principles of the prohibition of the separate disposition. The third person shall not be the one acting in good faith, because he/she has no reason to believe the reservation of the share to use site of the developer is for the economic necessity of the developer. The Supreme Court decision is reasonable and persuasive. However the subordination of the right to use site to the unit needs review, for this subordination sometimes brings the buyer of the unit a good luck to acquire the right to use site which is not the object of the contract.