집합건물 점유자의 서면결의권 인정에 관한 연구

초록

The number of residential officetels is increasing at an average annual rate of 22% as of 1995, and it is positioned as one of the forms of urban housing. Although a residential officetel is actually an apartment building, the Collective Building Act is applied because it is classified as a business facility under the Building Act. The Collective Building Act is a law that regulates matters related to the ownership and management of individual owners of collective buildings, and the rights of occupants are very limited. For this reason, occupants of the collective building do not receive as much protection as occupants of the apartment complex. The number of single person households was 6,148,000 households as of 2019, accounting for 30.2% of the total households, the share of Jeonsei-to-Monthly rent is 69.4% As of 2016, the proportion of occupants among residential officetels in Seoul was 84.2%. Recently, as the proportion of occupants of collective buildings has increased, the need to expand their rights is growing. Because the building operation, management, and authority of occupants of the collective building are restricted, the assembly of the management group would be not activated. As a result, the assembly resolution for the operation of the building is absent or invalid, resulting in poor management. Poor management is becoming a factor that threatens the safety of residents and lowers the quality of life. Furthermore, it is highly likely to become a problem in the city, such as undermining the aesthetics of the city and threatening city safety. However, looking at the literature, there are not many studies on ways to improve the rights of occupants. The purpose of this paper is to improve the general understanding of collective building occupants' rights enhancements in order to solve building management issue and urban problems. Specifically, by examining whether the occupant's right to make a written decision is acknowledged or not, a plan to revitalize the assembly and strengthen the occupant's right is suggested. Article 41 of the Collective Building Act stipulates that only divided owner can make a written resolution. For this reason, the question arises as to whether occupant can exercise his/her written decision without holding an assembly Considering the legislative purpose of the occupant's voting system and the realistic necessity of the increase in single-person households, the occupant's written voting right should be recognized. However, unless there is a written regulation, it cannot be recognized only by interpretation, so it is necessary to amend the legislation. Accordingly, as a legislative theory, it was proposed to make a regulation relating to notification of owners on issues of implementation of written resolutions, provisions for recognizing the supplementary written resolution of the occupants and the method of selecting one person to exercise voting rights of the co-occupants.

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