집합건물에서 일부공용부분의 판단기준- ‘객관적 용도’의 의미와 그 구체화 -

When distinguishing between a section for general common use and partial common use within a condominium building, the primary criterion should be the objective use of the respective area. Specifically, considerations should include the structural characteristics of the building or complex, the structural characteristics of the common area, the function and structure of the common area, and the accessibility and usability for the unit owners. In light of the requirement for ‘clarity’ as stipulated by the Act on Ownership and Management of Condominium Buildings, recognition should generally be granted when there is physical accessibility and usability. If there is potential accessibility and usability by other unit owners, it should be recognized in a limited manner. Although precedents suggest that registration, the building ledger of sectional buildings, and resolutions of the unit owners should be considered first, these should be treated as reference materials, with the central focus remaining on ‘objective use.’ Expanding the scope of a section for partial common use is not desirable as it can complicate the efficient regulation of the rights and obligations of unit owners. Therefore, in cases of ambiguity, it is reasonable to presume the area as a general common area. While the objective use theory aligns with the language of the Act on Ownership and Management of Condominium Buildings, ambiguity persists in applying this indeterminate concept to real-life cases. Ultimately, legislative improvements are needed, such as explicitly defining a section for partial common use in laws related to condominium buildings or mandating the inclusion of such definitions in the bylaws of each condominium.