구좌분양과 집합건물법상 구분소유의 성립

Three-dimensional concept of condominium ownership, which required the structual and independence in utilization as an object of real rights, is eased under Article 1-2(open stores) of the condominium Act, i.e enabling the establishment of flat structure(bidimentional structure) of condominium ownership. Also even the regulation on the limitation of floor area (1,000 square meters) was deleted, resulting in the effect of further expanding the subject of protection under this Article. As a result, legal disputes over the a collateral effect in some open shops of a building were reduced. But if man look at the appearance of open shops as a whole, the types of open shops that cannot be applied by this Article are more diverse than what this Article regulates. Even after the establishment of this Article, there were still open shops that were not recognized as condominium ownership. The solution to these problems is to revise the legal text and ease interpretation and application. Consequently, the presentation of the amendment and in terms of interpretation and application of the recentliy precedents can be a solution for expanding for recognition of condominium ownership for open shops. Therfore, the application of this regulation can be broadened. In addition, there is no provision on whether the registration in register is required for the establishment of condominium ownership. This will have to be determined according to whether registration is necessary. In this case, Supreme Court precedents may be referred. As a result, it will be closer to achieving the purpose of protecting and exercising individual rights intended by Article 1-2(open stores) of the condominium Act.