상업용 집합건물에서의 용도변경을 통한 구분소유권 종료제도 도입에 관한 연구

This paper examines the feasibility and necessity of introducing a system for terminating Unit Ownership through changes in use in commercial condominium buildings. As commercial aggregate buildings age, their economic and physical value declines, and solutions such as remodeling or reconstruction have traditionally been employed to address these issues. However, reconstruction presents significant limitations due to high individual contributions, complex procedures, and conflicts of interest among sectional owners. In this context, this study explores the potential of terminating Unit Ownership through changes in use as a viable alternative. The study, based on a comparative legal analysis of Japan’s Unit Ownership termination system, suggests that increased utility (enhanced efficiency) through changes in use could serve as grounds for terminating Unit Ownership. Specifically, in cases where the business purpose changes or the economic utility of the existing use declines in commercial aggregate buildings, termination of Unit Ownership through changes in use may serve as a critical tool for revitalizing aging buildings. The paper outlines the necessary legal criteria, decision-making requirements (such as special majority voting), and procedural steps for implementing this termination system. Moreover, the paper highlights that sectional owners in commercial aggregate buildings can effectively terminate their ownership through changes in use and collectively sell the building and land. This approach can offer a realistic alternative, especially for sectional owners who are reluctant to pursue reconstruction. By allowing increased utility and changes in use as justifications for termination, this system provides a practical solution to the management problems of aging commercial aggregate buildings while enhancing their economic and social value. In conclusion, this paper demonstrates that a system for terminating Unit Ownership based on increased utility and changes in use can play a crucial role in addressing the issue of aging commercial aggregate buildings. It also emphasizes the need for appropriate legal and administrative support to facilitate its implementation.