CHAPTER I SECTIONAL OWNERSHIP OF BUILDING
SECTION 1 General Provisions
| Article 1 (Sectional Ownership of Building) |
Where several sections, into which one building is structurally divided, may be independently used, each section may be the object of independent ownership under this Act.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 1-2 (Sectional Ownership of Commercial Buildings) |
| (1) | Where several parts within one building are sectioned for usage in any of the following manner, the said several parts (hereinafter referred to as "sectioned stores") may be the object of ownership, respectively under conditions stipulated by this Act: |
| 1. | Sectioned stores shall be used as commercial facilities under Article 2 (2) 7 of the Building Act and transportation facilities (excluding collection and delivery facilities) under subparagraph 8 of the same paragraph; |
| 2. | The total floor space used for commercial facilities and transportation facilities under subparagraph 1, including sectioned stores (hereinafter referred to as "commercial facilities, etc.") in one building shall be not less than 1,000 square meters; |
| 3. | Marks clearly demarcating the boundaries shall be firmly installed on the floor; |
| 4. | Marks of building numbers assigned for each sectioned store shall be attached firmly. |
| (2) | Matters necessary for the boundary marks and building number marks under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
The definitions of the terms used in this Act shall be as follows:
| 1. | The term "sectional ownership" means the ownership, the object of which is the part of the building (excluding the section for common use pursuant to Articles 3 (2) and (3)) provided for in Article 1 or 1-2; |
| 2. | The term "sectional owner" means a person who has sectional ownership; |
| 3. | The term "section for exclusive use" means the section of the building which is the object of sectional ownership; |
| 4. | The term "section for common use" means the section of the building, other than the section for exclusive use, the annex facilities of the building that do not belong to the section for exclusive use and the annex building which is a section for common use pursuant to Article 3 (2) and (3); |
| 5. | The term "site for building" means land on which a building to which the section for exclusive use belongs is located, and land which becomes the site for the building pursuant to Article 4; |
| 6. | The term "right to use site" means the right which a sectional owner has in respect of the site for a building to own his/her section for exclusive use. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 2-2 (Relation with Other Acts) |
The special provisions of the Housing Act and the Multi-Family Housing Management Act concerning the methods of and standards for managing aggregate housing and defect warranty liability shall be effective, except to the extent that they infringe on the fundamental rights of sectional owners in contravention of this Act. <Amended by Act No. 13474, Aug. 11, 2015> [This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 3 (Section for Common Use) |
| (1) | Corridors and stairs that lead to several sections for exclusive use, and any section of a building commonly shared by all or some of sectional owners, in the aspect of its structure, shall not be the object of sectional ownership. |
| (2) | The section of the building and the annex building under Article 1 or 1-2 may be made as sections for common use by regulations. |
| (3) | An owner of all sections of the building or of the annex building under Article 1 or 1-2 may prescribe something equivalent to the regulations under paragraph (2) by a notarial deed. |
| (4) | In cases falling under paragraphs (2) and (3), the purport that the relevant section is the section for common use shall be registered. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 4 (Site for Building according to Regulations) |
| (1) | Land managed or used as one unit with sites of passage, parking lots, gardens, annex buildings and one building to which the section for exclusive use belongs, and land on which the said building is located may be prescribed as the site for building by regulations. |
| (2) | Article 3 (3) shall apply mutatis mutandis to cases under paragraph (1). |
| (3) | If land on which a building is located ceases to be such land due to partial destruction or damage of the building, the land shall be deemed prescribed as the site of building by the regulations, under paragraph (1). The same shall also apply to cases where a portion of land on which a building is located ceases to be such land by partition. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 5 (Rights, Duties, etc. of Sectional Owners) |
| (1) | A sectional owner shall not perform any act which has adverse impact on the maintenance of a building, or which is contrary to the common interests of all sectional owners in respect of the management and use of the building in question. |
| (2) | If the section for exclusive use is parceled out for residential purpose, a sectional owner shall neither use that section for purpose, other than residential one, nor extend/renovate the building by removing or destroying interior walls without extenuating circumstances. |
| (3) | A sectional owner may request for the use of the section for exclusive use by any other sectional owners or sections for commons use which is not shared by himself/herself, within the extent necessary for maintaining or refurbishing the section for his/her exclusive use or sections for common use. In such cases, the sectional owner shall compensate any other sectional owners for damage, if any. |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis to a person who occupies the section for exclusive use with no sectional ownership (hereinafter referred to as "occupier"). |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 6 (Presumption of Defect in Construction or Maintenance of Building) |
If damage is incurred to others from defect in the construction or maintenance of one building to which a section for exclusive use belongs, the defect shall be presumed to exist in the section for common use.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 7 (Claim to Sell Sectional Ownership) |
If a sectional owner who has no right to use the site exists, a person entitled to claim the removal of the section for exclusive use by the sectional owner may claim the sectional owner to sell his/her sectional ownership at the market price.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 8 (Prohibition of Claim for Partition by Co-Owner of Site) |
If one building to which an object of sectional ownership belongs exists on the site, co-owners of the site are prohibited from claiming the partition of the site to the extent necessary for the use of the building.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 9 (Warranty Liability) |
| (1) | A person who constructs and parcels out a building (hereinafter referred to as a “person who parcels out a building”) and a person who constructs a building under a contract with a person who parcels out a building as prescribed by Presidential Decree (hereinafter referred to as a “constructor”) under Article 1 or 1-2 shall bear the warranty liability to the sectional owners. In such cases, Articles 667 and 668 of the Civil Act shall apply mutatis mutandis to such warranty liability. <Amended by Act No. 11555, Dec. 18, 2012> |
| (2) | Notwithstanding paragraph (1), where otherwise expressly provided by any other Act with regard to a constructor’s warranty liability to a person who parcels out a building, a constructor shall bear the warranty liability referred to in paragraph (1) to the sectional owners within the scope of the warranty liability prescribed by the said Act. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
| (3) | The liability for damage compensation under Article 667 (2) of the Civil Act among the constructor’s warranty liabilities under paragraphs (1) and (2) shall be borne only where a person who parcels out a building is subject to an application for commencing procedures of rehabilitation, an application for bankruptcy, dissolution, insolvency or other grounds equivalent thereto; where a constructor has already indemnified for the damage to a person who parcels out a building, the constructor shall be exempted from the liability to the sectional owners to such extent. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
| (4) | With regard to the warranty liability of a person who parcels out a building and a constructor, special agreements which are more unfavorable to a purchaser than as provided for in this Act and the Civil Act shall be null and void. <Amended by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 9-2 (Duration of Warranty Liability) |
| (1) | The rights of sectional owners with regard to warranty liability referred to in Article 9 shall be exercised within the following applicable period: |
| 2. | A period prescribed by Presidential Decree, being up to five years in consideration of the severity of defects, durability period, replaceability, etc. in cases of defects other than prescribed in subparagraph 1. |
| (2) | The period referred to in paragraph (1) shall be computed from either of the following dates: <Amended by Act No. 13805, Jan. 19, 2016> |
| 1. | Section for exclusive use: the date such section is transferred to a sectional owner; |
| 2. | Section for common use: the date of usage inspection under Article 49 of the Housing Act (referring to the date of approval for temporary use where approval has been obtained for temporary use of the entire condominium building, and referring to the date of usage inspection by partition or by building where usage inspection by partition or by building has been conducted under the proviso to Article 49 (1) of the Housing Act) or the date of approval for usage under Article 22 of the Building Act. |
| (3) | Notwithstanding paragraphs (1) and (2), where a building is destroyed or damaged due to a defect in any of the subparagraphs of paragraph (1), the said rights shall be exercised within one year from the date the building is so destructed or damaged. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 9-3 (Management Duties of Persons who Parcel out Building) |
| (1) | A person who parcels out a building shall manage the building, site and annex facilities with such due care as required of a good manager until a managing body commences management thereof under Article 23 (1). |
| (2) | In consideration of the standard regulations referred to in Article 28 (4), a person who parcels out a building shall formulate rules equivalent to regulations in the form of an authentic deed and provide it to a purchaser before concluding a parcelling-out contract with him/her. |
| (3) | Where a sectional owner fails to convene a meeting of the managing body to define regulations and appoint a manager (limited to cases falling under Article 24 (1)) within three months from the date at least one half of the expectant purchasers finish filing for registration of transfer, a person who parcels out a building shall promptly convene the said meeting for such purpose. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
SECTION 2 Section for Common Use
| Article 10 (Reversion, etc. of Section for Common Use) |
| (1) | The section for common use is under the co-ownership of all sectional owners: Provided, That the section for common use which is obviously provided only for common use by a certain sectional owners (hereinafter referred to as "section for partial common use") belongs to the co-ownership of those sectional owners. |
| (2) | Co-ownership under paragraph (1) shall be governed by Articles 11 through 18: Provided, That matters provided for in Articles 12 and 17 may be separately prescribed by regulations. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 11 (Co-Owner’s Entitlement to Use) |
Each co-owner is entitled to use the section for common use in conformity with its purpose.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 12 (Co-Owner's right of share) |
| (1) | Each co-owner’s share shall be determined according to the ratio of the area for exclusive use held by him/her. |
| (2) | In cases falling under paragraph (1), if a section for partial common use occupying a considerable area exists, the area of the section for common use shall be divided according to the ratio of the area for exclusive use by sectional owners who share the section for partial common use and added to the section for exclusive use by each sectional owner. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 13 (Indivisibility of Shares to Section for Exclusive Use and Section for Common Use) |
| (1) | Co-owner’s share to the section for common use shall be in accordance with the disposition for the section for exclusive use held by him/her. |
| (2) | Co-owners may not dispose of his/her share to the section for common use, separately from his/her section for exclusive use. |
| (3) | The acquisition or loss of, or any alteration in real rights on the section for common use need not be registered. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 14 (Management of Section for Partial Common Use) |
Among the matters regarding the management of the section for partial common use, matters in which all sectional owners have interest and which are prescribed by the regulations under Article 29 (2) shall be determined by resolution at an all sectional owners’ meeting, and matters, other than aforesaid ones, shall be determined by resolution at the sectional owners’ meeting by those who share that section. [This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 15 (Change of Section for Common Use) |
| (1) | Matters regarding the change of the section for common use shall be determined by the resolution of not less than 3/4 of sectional owners and of not less than 3/4 of voting rights at a managing body's meeting: Provided, That in any of the following cases, matters regarding the change of the section for common use may be determined by resolution at an ordinary meeting under Article 38 (1): |
| 1. | The refurbishment of the section for common use which does not require excessive costs; |
| (2) | In cases falling under paragraph (1), if change in the section for common use has a special effect on any other sectional owner’s right, the approval of the sectional owner shall be obtained thereto. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 16 (Management of Section for Common Use) |
| (1) | Matters regarding the management of the section for common use, except as otherwise provided for in the main sentence of Article 15 (1), shall be determined by resolution at an ordinary meeting under Article 38 (1): Provided, That the preservation thereof may be done by each co-owner. |
| (2) | A person who occupies a exclusive area with a sectional owner’s consent may attend the managing body’s meeting referred to in the main sentence of paragraph (1) and exercise the sectional owner’s voting rights: Provided, That, where otherwise determined and notified to the managing body by the sectional owner and the occupant, the same shall not apply, and where a managing body’s meeting is convened for determining matters which have special impact on the duties and rights of the sectional owners, the occupant shall obtain prior consent from the sectional owner regarding the exercise of his/her voting rights. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
| (3) | The provisions of paragraphs (1) and (2) may be provided for otherwise by regulations. <Amended by Act No. 11555, Dec. 18, 2012> |
| (4) | Article 15 (2) shall apply mutatis mutandis to cases referred to in the main sentence of paragraph (1). <Amended by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 17 (Cost-Bearing and Profit-Making of Section for Common Use) |
Each co-owner shall bear the management costs of the section for common use or other duties, and gain profits accruing therefrom according to the ratio of his/her share, unless otherwise specified by the regulations.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 18 (Effect of Credit Incurred in relation to Section for Common Use) |
An owner’s credit against another co-owner in relation to the section for common use shall be exercised against the special successor to the co-owner.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 19 (Application Mutatis Mutandis of Provisions concerning Section for Common Use) |
If a sectional owner jointly owns the site of a building or its annex facilities except the section for common use (including the rights thereto), Articles 15 through 17 shall apply mutatis mutandis to the site and its annex facilities. [This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
SECTION 3 Right to Use Site
| Article 20 (Indivisibility of Section for Exclusive Use and Right to Use Site) |
| (1) | A sectional owner’s right to use site shall be in accordance with the disposition for his/her section for exclusive use. |
| (2) | A sectional owner may not dispose of the right to use site, separately from his/her section for exclusive use: Provided, That the same shall not apply if specified otherwise by the regulations. |
| (3) | The prohibition of separate disposition in the main sentence of paragraph (2) shall not be opposed against a third party who has acquired a real right in good faith unless the reason therefor is registered (Deung Ki). |
| (4) | Article 3 (3) shall apply mutatis mutandis to the proviso to paragraph (2). |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 21 (Ratio of Right to Use Site according to Disposition of Section for Exclusive Use) |
| (1) | If a sectional owner possesses not less than two sections for exclusive section, the right to use site according to disposition for respective section for exclusive use shall be determined by the ratio under Article 12: Provided, That the same shall not apply, if otherwise specified by regulations. |
| (2) | Article 3 (3) shall apply mutatis mutandis to the proviso to paragraph (1). |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 22 (Exclusion from Application of Article 267 of Civil Act) |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
SECTION 4 Managing Body and Its Agencies
| Article 23 (Obligatory Establishment, etc. of Managing Body) |
| (1) | Once a sectional ownership relation is established on a building, a managing body which is comprised of all sectional owners shall be established for the purposes of carrying out a business concerning the management of the building, site, and its annex facilities. |
| (2) | Where a section for partial common use exists, the sectional owners of such part may form a managing body for the purpose of carrying out a business concerning the management of the section for partial common use, pursuant to the regulations under Article 28 (2). |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 23-2 (Duties of Managing Body) |
A managing body shall exercise or perform the rights or duties of the sectional owners necessary for common interests concerning the management and use of the buildings with the due care required of a good manager.
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 24 (Appointment, etc. of Manager) |
| (1) | Where the number of sectional owners is at least ten persons, a manager to represent a managing body and execute the duties thereof shall be appointed. <Amended by Act No. 11555, Dec. 18, 2012> |
| (2) | A manager need not be a sectional owner, and his/her term shall be determined by regulations for up to two years. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
| (3) | A manager shall be appointed or dismissed by resolution at a managing body's meeting: Provided, That he/she shall be appointed or dismissed by resolution of a managing committee referred to in Article 26-2 where so determined by regulations. <Amended by Act No. 11555, Dec. 18, 2012> |
| (4) | A person who occupies the section for exclusive use with a sectional owner’s consent may attend the managing body’s meeting referred to in the main sentence of paragraph (3) and exercise the sectional owner’s voting rights: Provided, That the same shall not apply where otherwise determined and notified to the managing body by the sectional owner and the occupant, or where the sectional owner notifies the managing body that he/she shall exercise his/her voting rights in person before a meeting is convened. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
| (5) | If a manager commits an illegal act or has any ground making him/her inappropriate to perform his/her duties, any of the sectional owners may request the court to dismiss the manager. <Amended by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 25 (Authority and Duties of Manager) |
| (1) | A manager has authority and duties to conduct the following: |
| 1. | Maintenance, management and change of the section for common use; |
| 2. | Charging and receiving, to/from each sectional owners, allotted costs and expenses incurred in executing the affairs of the managing body, and managing money; |
| 3. | Judicial or extra-judicial acts representing the managing body in respect of the execution of managing body's business; |
| 4. | Other acts specified by the regulations. |
| (2) | A manager’s representative authority may be restricted: Provided, That the restriction may not be set up against a third party acting in good faith. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 26 (Managers’ Duty to Report, etc.) |
| (1) | A manager shall report the affairs of the managing body to sectional owners at least once every year, as prescribed by Presidential Decree. <Amended by Act No. 11555, Dec. 18, 2012> |
| (2) | Interested parties may request the manager to peruse the report referred to in paragraph (1) or issue a certified copy thereof at his/her own cost. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
| (3) | The provisions concerning delegation under the Civil Act shall apply mutatis mutandis to a manager's rights and duties not provided for in this Act or regulations. <Amended by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 26-2 (Establishment and Function of Managing Committee) |
| (1) | A managing committee may be established under a managing body, as determined by regulations. |
| (2) | A managing committee shall oversee a manager’s execution of his/her business affairs determined by this Act or regulations. |
| (3) | Where a managing committee is established pursuant to paragraph (1), a manager shall do the act referred to in each subparagraph of Article 25 (1) through resolution by the managing committee: Provided, That this shall not apply to the matters otherwise determined by regulations. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 26-3 (Composition and Operation of Managing Committee) |
| (1) | The members of a managing committee shall be elected from among the sectional owners by resolution at a managing body’s meeting: Provided, That this shall not apply where regulations determine otherwise with respect to a resolution at a managing body’s meeting. |
| (2) | Article 24 (2) and (4) shall apply mutatis mutandis to the term of members of a managing committee and the exercise of voting rights by an occupant. |
| (3) | Except as provided for in paragraphs (1) and (2), matters necessary for the composition and operation of a managing committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 27 (Sectional Owners' Responsibilities for Obligations of Managing Body) |
| (1) | If the managing body is unable to discharge its obligation with its own property, sectional owners is responsible for discharging the managing body's obligations according to the ratio of shares under Article 12: Provided, That the rate of defrayment may be separately prescribed by the regulations. |
| (2) | The special successor to a sectional owner shall be responsible for the managing body's obligations incurred before his/her succession. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
SECTION 5 Regulations and Meetings
| (1) | Matters among sectional owners regarding the management or use of building, site and annex facilities not provided for in this Act, may be determined by regulations. |
| (2) | Matters regarding the section for partial common use irrelevant to the interests of all sectional owners, may be determined by the regulations for sectional owners sharing the section for partial common use, unless otherwise determined by regulations for all sectional owners. |
| (3) | In cases falling under paragraphs (1) and (2), the rights of a person, other than sectional owners, shall not be infringed. |
| (4) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor and a Special Self-Governing Province Governor (hereinafter referred to as “Mayors/Do Governors”) shall prepare and disseminate the standard regulations, as prescribed by Presidential Decree, for efficient and impartial management of buildings, sites and annex facilities to which this Act applies. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 29 (Establishment, Amendments and Repeal of Regulations) |
| (1) | The establishment, amendments and repeal of regulations shall be done at managing body's meetings with the consent of not less than 3/4 of sectional owners and not less than 3/4 of voting rights. In such cases, if the establishment, amendments and repeal of regulations has a special effect on a certain sectional owners’ rights, their approval shall be obtained thereto. |
| (2) | The establishment, amendments and repeal of regulations for all sectional owners regarding the matters provided for in Article 28 (2) may not take place if more than 1/4 of the sectional owners sharing the section for partial common use or more than 1/4 of persons having voting rights oppose thereto. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 30 (Safekeeping and Perusal of Regulations) |
| (1) | Regulations shall be kept by one person, among the manager, a sectional owner or a sectional owner's agent who uses the building. |
| (2) | The sectional owner or his/her agent who is to keep the regulations under paragraph (1) shall be appointed by resolution at a managing body's meeting, unless otherwise provided for in the regulations. |
| (3) | An interested party may request for the perusal of the regulations or the issuance of a certified copy, at its own cost, to the person who keeps the regulations under paragraph (1). |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 31 (Power of Meetings) |
The affairs of the managing body shall be executed according to resolutions adopted managing body's meetings, except the matters delegated to the manager by this Act or the regulations.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 32 (Regular Meetings of Managing Body) |
The manager shall convene an ordinary meeting of the managing body within three months after each fiscal year ends. <Amended by Act No. 11555, Dec. 18, 2012>
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 33 (Ad hoc Meetings of Managing Body) |
| (1) | The manager may, if deemed necessary, convene a meeting of the managing body. |
| (2) | The manager shall convene a meeting of the managing body when it is so requested by at least one-fifth of the sectional owners specifying the detailed purposes of the meeting: Provided, That the quorum may be reduced by regulations. <Amended by Act No. 11555, Dec. 18, 2012> |
| (3) | When the manager fails to initiate a procedure of notifying that a meeting will be convened on a date which falls within two weeks from the date of request within one week after the request under paragraph (2) is made, the sectional owner who requested for convening the meeting may convene a managing body's meeting by obtaining court approval. <Amended by Act No. 11555, Dec. 18, 2012> |
| (4) | In the absence of the manager, at least one-fifth of the sectional owners may convene a managing body’s meeting. This quorum may be reduced by regulations. <Amended by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 34 (Notice on Convocation of Meetings) |
| (1) | In convening a managing body's meeting, a notice shall be issued to each sectional owner no later than one week prior to the day set for such meeting by stating the purposes of the meeting in detail: Provided, That such period may be separately prescribed by the regulations. |
| (2) | Where the section for exclusive use is jointly owned by several persons, a notice under paragraph (1) shall be issued to the person (a person among co-owners if such person does not exist) designated to exercise the voting right under Article 37 (2). |
| (3) | The notice under paragraph (1) shall be sent to the appointed place when a sectional owner has notified the manager of the place to be served, or to the place where his/her section for exclusive use exists when he/she has not notified the place to be served. In such cases, the notice under paragraph (1) shall be deemed to have been reached at the time it is reached under ordinary conditions. |
| (4) | The regulations may prescribe that a notice under paragraph (1) to a sectional owner whose domicile exists in the building or to anyone who fails to notify the place to be served under paragraph (3) may be replaced by a bulletin posted at an appropriate place in the building. In such cases, the notice under paragraph (1) shall be deemed to have been reached at the time the bulletin is posted. |
| (5) | If the purposes of a meeting are related to Article 15 (1), 29 (1), 47 (1) or 50 (4), the details of agenda and program shall be stated in the notice. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 35 (Omission of Convocation Procedure) |
Managing body's meetings may convene without taking convocation procedure if all sectional owners consent thereto.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| (1) | Managing body's meetings may adopt resolutions only for the matters notified according to Article 34. |
| (2) | Paragraph (1) may be separately prescribed by the regulations except matters, for which the special quorum is provided in this Act in respect of resolution at the managing body's meetings. |
| (3) | Paragraphs (1) and (2) shall not apply to managing body's meetings under Article 35. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 37 (Voting Rights) |
| (1) | The voting right of each sectional owner shall be determined in accordance with the ratio of shares prescribed in Article 12, unless otherwise provided for in the regulations. |
| (2) | If the section for exclusive use is jointly owned by several persons, the co-owners shall designate one person to exercise voting rights at meetings of the managing body. |
| (3) | If the same section for exclusive use is jointly occupied by several persons with the sectional owner’s consent, one of them shall be designated to exercise the voting rights of the relevant sectional owner pursuant to Article 16 (2), 24 (4) or 26-3 (2). <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 38 (Method of Resolution) |
| (1) | In the proceedings of the managing body, resolutions shall be adopted by a majority of all sectional owners and voting rights, unless otherwise provided for in this Act or regulations. |
| (2) | Voting rights may be exercised either in writing or by electronic means (referring to methods of using an electronic information processing system or other information and communications technologies as prescribed by Presidential Decree; hereinafter the same shall apply) or by an agent. <Amended by Act No. 11555, Dec. 18, 2012> |
| (3) | When the notice for convocation of a managing body’s meeting is issued or a bulletin in lieu thereof is posted, as referred to in Article 34, it shall clearly state the entitlement of voting rights and specific methods of exercising voting rights pursuant to paragraph (2). <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
| (4) | Except as provided for in paragraphs (1) through (3), matters necessary for the exercise of voting rights shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 39 (Chairperson and Minutes) |
| (1) | A managing body's meeting shall be chaired by the manager or the oldest person among the sectional owners who convened the meeting: Provided, That the same shall not apply if otherwise provided for in the regulations or resolved at the managing body's meeting. |
| (2) | Minutes shall be made in respect to the proceedings of a managing body's meeting. |
| (3) | Minutes shall state the course of the meeting and the results thereof, and the chairperson as well as not less than two sectional owners shall sign and seal thereon. |
| (4) | Article 30 shall apply mutatis mutandis to the minutes of meetings. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 40 (Occupier’s Right to State Opinion) |
| (1) | A person who occupies the section for exclusive use with the consent of a sectional owner is entitled to attend the meeting and state his/her opinion, insofar as he/she has an interest in the purpose of the meeting. |
| (2) | In cases falling under paragraph (1), the person who convenes a meeting shall post the date, time, place and the purpose of meeting at the appropriate place in the building without delay after giving a notice on convocation under Article 34. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 41 (Adoption of Resolutions, etc. in Writing or by Electronic Means) |
| (1) | Where not less than four-fifths of the sectional owners and not less than four-fifths of the voting rights agree on the matters prescribed to be resolved at a managing body’s meeting pursuant to this Act or regulations, in writing or by electronic means or in writing and by electronic means, the resolution shall be deemed to have been adopted at the managing body’s meeting: Provided, That in cases falling under Article 15 (1) 2, if the majority of sectional owners and the majority of the voting rights agree thereon in writing or by electronic means or in writing and by electronic means, the resolution shall be deemed to have been adopted at the managing body’s meeting. <Amended by Act No. 11555, Dec. 18, 2012> |
| (2) | If sectional owners have designated one of them as their agent in advance and reported such designation to the managing body, the agent may attend the managing body’s meetings or exercise the voting rights in writing or by electronic means, on behalf of such sectional owners. <Amended by Act No. 11555, Dec. 18, 2012> |
| (3) | Article 30 shall apply mutatis mutandis to information recorded in writing or by electronic means as referred to in paragraph (1). <Amended by Act No. 11555, Dec. 18, 2012> |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 42 (Effect of Regulations and Resolution at Managing Body's Meetings) |
| (1) | The regulations and the resolution of managing body's meeting shall be also effective to the special successor to each sectional owner. |
| (2) | An occupier shall have the same duties as imposed to the sectional owner according to resolutions adopted at the managing body's meetings in respect of the use of a building, site or annex facilities. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 42-2 (Lawsuits for Cancellation of Resolution) |
A sectional owner may file a lawsuit for the cancellation of a resolution in either of the following circumstances within six months from the date he/she becomes aware of the meeting’s resolution and within one year from the date such resolution is adopted:
| 1. | Where the procedures for convening a meeting or adopting resolutions violate the provisions of Acts and subordinate statutes or regulations or are manifestly unfair; |
| 2. | Where the details of a resolution violate Acts and subordinate statutes or regulations. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
SECTION 6 Measures Against Violators of Obligation
| Article 43 (Request, etc. to Suspend Acts Contrary to Common Interests) |
| (1) | If a sectional owner conducts or is likely to conduct an act under Article 5 (1), the manager or sectional owner designated by resolution at the managing body's meeting may request the sectional owner to suspend, remove the outcome of, or take a measure necessary for the prevention of such an act, for the sake of common interests. |
| (2) | The instituting of a lawsuit under paragraph (1) requires resolution at the managing body's meeting. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to cases where an occupier has conducted or is likely to conduct an act under Article 5 (1) to which paragraph (4) of the same Article shall apply mutatis mutandis. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 44 (Request for Prohibition of Use) |
| (1) | In cases falling under Article 43 (1), where an act under Article 5 (1), which accompanies an obvious obstacle to community life which may not be removed by the request under Article 43 (1), and thus makes it extremely difficult to secure the use of the section for common use or to maintain the community life of the sectional owners, the manager or the sectional owner designated by resolution at the managing body's meeting may institute a lawsuit against the relevant sectional owner who performs such behavior for the prohibition of use of the section for exclusive use for a reasonable period. |
| (2) | Resolution under paragraph (1) shall be adopted by not less than 3/4 of all sectional owners and of voting rights. |
| (3) | In adopting resolution under paragraph (1), an opportunity shall be granted, in advance, to the relevant sectional owner to defend himself/herself. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 45 (Auction of Sectional Ownership) |
| (1) | If a sectional owner has extreme difficulty in maintaining community life by violating Article 5 (1) and (2), or obviously violating obligations prescribed by the regulations, the manager or the sectional owner designated by resolution at the managing body's meeting may request the court to issue an order for the auction of the section for exclusive use and right to use site held by the relevant sectional owner. |
| (2) | A request under paragraph (1) requires a resolution by the managing body's meeting which shall be adopted by not less than 3/4 of all sectional owners and of voting rights. |
| (3) | In adopting resolution under paragraph (2), an opportunity shall be granted, in advance, to the relevant sectional owner to defend himself/herself. |
| (4) | If the decision ordering an auction according to the demand under paragraph (1) becomes final, the person who has made the request may apply for the auction thereof: Provided, That the same shall not apply when six months elapse from the date the decision becomes final. |
| (5) | The relevant sectional owner under paragraph (1) shall not be the successful bidder in the auction held upon the application under the main sentence of paragraph (4). |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 46 (Request for Transfer against Occupiers of Section for Exclusive Use) |
| (1) | If an occupier has extreme difficulty in maintaining community life by violating obligations under of Article 45 (1), or obviously violating obligations prescribed by the regulations, the manager or the sectional owner designated by resolution at the managing body's meeting may request a cancellation of a contract, the object of which is the section for exclusive use, and the transfer of the section for exclusive use. |
| (2) | Article 44 (2) and (3) shall apply mutatis mutandis to cases under paragraph (1). |
| (3) | A person who takes over the section for exclusive use under paragraph (1) shall transfer it to the person entitled to occupy the section for exclusive use in question, without delay. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
SECTION 7 Re-building and Restoration
| Article 47 (Resolution for Re-Building) |
| (1) | If the building was damaged or partly destroyed after the elapse of a considerable time after its construction, or unreasonable cost is needed for its repair, restoration, or management, compared with its price under other circumstances, or re-building brings a remarkable increase of utility compared with the expenses needed thereto by a change of utilizing neighboring land or under other circumstances, the managing body's meeting may resolve to remove the building and use its site for a new building which will become the object of sectional ownership: Provided, That if the contents of re-building have special effect on sectional owners of other buildings in the same aggregate housing area, the consent of those sectional owners needs to be obtained. |
| (2) | Resolution under paragraph (1) shall be adopted by not less than 4/5 of both the sectional owners and voting rights. |
| (3) | In adopting resolution for re-building, the following matters shall be determined thereby: |
| 1. | Outline of the design of the new building; |
| 2. | Estimate of costs necessary for the removal of the building and construction of the new building; |
| 3. | Matters regarding cost-bearing under subparagraph 2; |
| 4. | Matters regarding the reversion of sectional ownership of the new building. |
| (4) | Matters under paragraph (3) 3 and 4 shall be determined under the principle of equity among sectional owners. |
| (5) | Each sectional owner's approval or disapproval shall be recorded in the minutes of managing body's meeting for resolution under paragraph (1). |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 48 (Demand for Sale, etc. of Sectional Ownership, etc.) |
| (1) | Once the resolution for re-building is adopted, the person who convened the meeting shall, without delay, urge in writing the sectional owners (including his/her successor) who did not approve the resolution to reply whether he/she would participate in the re-building in accordance with the contents of the resolution. |
| (2) | Each sectional owner who is urged to reply under paragraph (1) shall reply within two months from the date of being urged. |
| (3) | If the sectional owner fails to reply within the period under paragraph (2), he/she is deemed to have replied to the effect that he/she will not participate in the re-building. |
| (4) | Upon the expiration of the period under paragraph (2), each sectional owner who approved of the resolution for re-building, each sectional owner (including his/her successor) who expressed his/her intention to participate in the re-building in accordance with the resolution, or the person appointed to purchase the sectional ownership and right to use the site pursuant to the agreement of all the above-mentioned parties (hereinafter referred to as "appointee for purchase") may request the sectional owners (including his/her successor) who made a reply to the effect that he/she will not participate in the rebuilding to sell his/her sectional ownership and right to use the site at the market price, within two months from the expiration date of period under paragraph (2). The same shall also apply to the right to use the site by the person who acquires the right only from the sectional owner after the resolution for re-building was adopted. |
| (5) | Where a request under paragraph (4) is made, if the sectional owner who made a reply to the effect that he/she will not participate in the re-building might suffer from substantial difficulty in his/her living by surrendering the building and the execution of re-building is not greatly influenced, the court may, upon the application of the sectional owner, grant a reasonable period not exceeding one year from the date of payment or offer of the price, in respect of the surrender of the building. |
| (6) | Where the removal work of the building does not commence within two years from the date of resolution for re-building, a person who sold his/her sectional ownership or the right to use the site under paragraph (4) may request, within six months from the expiration date of the above-mentioned period, the person who holds sectional ownership or the right to use the site to sell his/her rights for the amount of money equivalent to the price which the purchaser had paid: Provided, That the same shall not apply to cases where there exists any justifiable reason making the commencement of the removal of building impossible. |
| (7) | The main sentence of paragraph (6) shall apply mutatis mutandis to cases where the removal work does not commence within six months from the date any justifiable reason making the commencement of the removal of building impossible under the proviso to paragraph (6) ceases to exist. In such case, "within six months from the expiration date of the above-mentioned period" in the main sentence of the same paragraph shall be deemed "until the date whichever earlier between the expiration of six months from the date knowing that any justifiable reason making the commencement of the removal of building impossible ceases to exist, and the expiration of two years from the date on which such reason ceases to exist." |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 49 (Agreement on Re-building) |
Each sectional owner who approved the resolution for re-building, each sectional owner who made a reply to the effect that he/she will participate in re-building pursuant to the contents of resolution for re-building, and the appointee for purchase (including his/her successor) who purchased the sectional ownership or rights to use the site, shall be deemed to have agreed on the re-building pursuant to the contents of the resolution for re-building.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 50 (Restoration in Case of Partial Destruction of Building) |
| (1) | Where a part of the building, the price of which is not more than a half of the price of the entire building, is destroyed, each sectional owner may restore the section for common use and section for his/her exclusive use which is destroyed: Provided, That the same shall not apply to cases where the resolution under Article 47 (1) or the resolution for the restoration of section for common use is adopted before the restoration work commences. |
| (2) | A person who has restored the section for common use under paragraph (1) may request the reimbursement of expenses incurred for the restoration work to sectional owners in accordance with the ratio of their share under Article 12. |
| (3) | Paragraphs (1) and (2) may be separately prescribed by regulations. |
| (4) | In cases of partial destruction of the building except those under the main sentence of paragraph (1), the managing body's meeting may adopt a resolution for the restoration of the destroyed section for common use by not less than 4/5 of both the sectional owners and voting rights. |
| (5) | Article 47 (5) shall apply mutatis mutandis to cases where the resolution under paragraph (4) is adopted. |
| (6) | Once the resolution under paragraph (4) is adopted, the sectional owners, other than those (including their successors) who approved the resolution may demand the sectional owners who approved the resolution (including their successors) to purchase their rights to building and its site at the market price. |
| (7) | In cases falling under paragraph (4), if no resolution under the same paragraph or Article 47 (1) is adopted within six months from the date of the partial destruction of the building, each sectional owner may request any other sectional owners to purchase his/her rights to the building and its site at the market price. |
| (8) | In cases falling under paragraphs (2), (6) and (7), the court may grant a reasonable period in respect of the payment of the reimbursement or price thereof at the request of the sectional owner who was demanded to reimburse or purchase. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
CHAPTER II AGGREGATE HOUSING AREA
| Article 51 (Managing Body of Aggregate Housing Area) |
| (1) | If several buildings exist in one aggregate housing area and the land or annex facilities therein (including the rights thereof) belong to the co-ownership of the owners of that building (referring to sectional owners in case of the building in which the section for exclusive use exists), these owners may form a body to manage the land or annex facilities in the aggregate housing area, convene a meeting, establish regulations and appoint a manager, as provided for in this Act. |
| (2) | If several buildings exist in one aggregate housing area and the land or the annex facilities therein (including the rights thereof) belong to the co-ownership of some of the owners of the buildings (referring to sectional owners in case of the building in which the section for exclusive use exists), these owners may form a body to manage the land or annex facilities in the aggregate housing area, convene a meeting, establish regulations and appoint a manager, as provided for in this Act. |
| (3) | The managing body of aggregate housing area under paragraph (1) may set the whole or part of the business of each managing body to which the members of the managing body of aggregate housing area belongs as its business objective. In such cases, the resolution of the managing body meeting shall be adopted by no less than 3/4 of both the members and voting rights of each managing body. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 52 (Application Mutatis Mutandis to Aggregate Housing Area) |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
CHAPTER II-2 Condominium Building Dispute Mediation Committees
| Article 52-2 (Condominium Building Dispute Mediation Committees) |
| (1) | A condominium building dispute mediation committee (hereinafter referred to as “mediation committee”) shall be established under the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do or a Special Self-Governing Province (hereinafter referred to as “City/ Do”) to deliberate on and mediate disputes related to any building to which this Act applies. |
| (2) | The mediation committee shall deliberate on and mediate each of the following disputes (hereinafter referred to as “condominium building disputes”) at the request of either party to a dispute: <Amended by Act No. 13474, Aug. 11, 2015> |
| 2. | Disputes concerning the appointment or dismissal of a manager or managing committee’s members, or concerning the composition and operation of a managing body or a managing committee; |
| 3. | Disputes concerning the maintenance and management or modification of the section for common use; |
| 4. | Disputes concerning the collection, management and use of management expenses; |
| 5. | Disputes concerning the establishment or amendment of the regulations; |
| 6. | Disputes concerning the demolition, cost-sharing and reversion of sectional ownership related to reconstruction; |
| 7. | Other disputes related to any building to which this Act applies as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 52-3 (Composition and Operation of Mediation Committees) |
| (1) | The mediation committee shall be composed of not more than ten members, including one chairperson and one vice-chairperson. |
| (2) | Members of the mediation committee shall be appointed or commissioned by the relevant Mayor/Do Governor from among any of the following persons with abundant legal knowledge and experience on how to deal with disputes related to condominium buildings. In such cases, at least two persons falling under subparagraphs 1 and 2, respectively, shall be included herein: |
| 1. | A person who majored in law or in other studies related to dispute resolution, such as mediation and arbitration and has at least three years’ university teaching experience in the rank of assistant professor or higher; |
| 2. | A person who holds a lawyer’s license with at least three years’ experience in legal affairs; |
| 3. | A person who has professional knowledge on construction works, defect appraisal or management of collective housing and has at least three years’ experience in the relevant affairs; |
| 4. | A public official in Grade V or higher who belongs to the relevant City/Do and has at least three years’ experience in the relevant affairs. |
| (3) | The chairperson of the mediation committee shall be appointed or commissioned by the relevant Mayor/Do Governor from among the committee members. |
| (4) | A subcommittee composed of not exceeding three members may be established under the mediation committee to efficiently deliberate on and mediate disputes. In such cases, at least one person falling under paragraph (2) 1 and 2, respectively, shall be included in the subcommittee. |
| (5) | Resolutions of the meditation committee shall be passed with the attendance of a majority of all incumbent members and with the affirmative vote of a majority of members present, and resolutions of a subcommittee shall be passed with the attendance of all incumbent members and with the affirmative vote of a majority of the members present. |
| (6) | Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the composition and operation of the mediation committee and its subcommittees and matters concerning mediation procedures shall be as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 52-4 (Exclusion, etc. of Members) |
| (1) | Where any member of the mediation committee falls under any of the following circumstances, he/she shall abstain from deliberation and mediation of the pertinent case: |
| 1. | Where a member or his/her spouse or former-spouse becomes a party to the relevant condominium building dispute or is in relationship of joint holders of rights or responsibilities with a party to the relevant condominium building dispute; |
| 2. | Where a member is or was a party to the relevant condominium building dispute; |
| 3. | Where a member has made a statement or appraisal on the relevant condominium building dispute; |
| 4. | Where a member has been involved in the relevant condominium building dispute as an agent of a party to the dispute; |
| 5. | Where a member has been involved in a disposition or omission which led to the relevant condominium building dispute. |
| (2) | Where a member has a ground for abstention under paragraph (1), the mediation committee shall determine as to whether the member shall be excluded, ex officio or upon a party’s request. |
| (3) | Where any extenuating circumstance exists to prevent a member from impartially executing his/her duties, a party may make an application for challenge of such member to the mediation committee. |
| (4) | Where any ground referred to in paragraph (1) or (3) arises in relation to a member, he/she may abstain from the deliberation and mediation of the relevant condominium building dispute of his/her own accord. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 52-5 (Applications, Notifications, etc. for Dispute Mediation) |
| (1) | Upon receipt of an application for dispute mediation filed by a party to a dispute, the relevant mediation committee shall immediately give notice of the details of such application to the other party. |
| (2) | The other party shall, in receipt of notice given under paragraph (1), notify the mediation committee of his/her intention as to whether he/she will accept mediation, within seven days from the date of receipt thereof. |
| (3) | The mediation committee may, in receipt of an application for dispute mediation under paragraph (1), decide not to commence mediation for the relevant case, where it is deemed that grounds exist such as the nature of a dispute, etc. for which the dispute is unsuitable for mediation. In such cases, the mediation committee shall notify the parties to the case of such decision not to commence mediation and the grounds therefor. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 52-6 (Procedures of Mediation) |
| (1) | The mediation committee shall, upon receipt of an application for mediation referred to in Article 52-5 (1), immediately commence the procedures of mediation and complete them within 60 days from the date receipt thereof, unless mediation is not accepted under Article 52-5 (2) or a decision not to commence mediation is made under Article 52-5 (3). |
| (2) | Where the mediation committee fails to complete the mediation procedures within the period referred to in paragraph (1), it may extend the period only once within a period of up to 30 days by its resolution. In such cases, written notice shall be given to the parties to the case, specifying the reasons therefor and the deadline. |
| (3) | The mediation committee may hear the opinions of the interested parties, etc. before commencing the procedures for mediation referred to in paragraph (1). |
| (4) | The mediation committee shall prepare a mediation proposal and immediately present it to each party to a dispute upon completion of the procedures referred to in paragraph (1). |
| (5) | The parties to a dispute shall, in receipt of such proposed mediation presented pursuant to paragraph (4), give notice as to whether they will accept such proposed mediation to the mediation committee within 14 days from their receipt thereof. In such cases, where a party fails to give such notice of whether he/she will accept such proposed mediation to the mediation committee within the said period, he/she shall be deemed to have accepted the proposal. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 52-7 (Suspension, etc. of Mediation) |
| (1) | Where a party to a dispute gives notice of his/her intention not to accept mediation pursuant to Article 52-5 (2), or where he/she refuses a proposed mediation pursuant to Article 52-6 (5), the mediation committee shall suspend mediation and give written notice thereof to the other party. |
| (2) | Where one party to a dispute files for a lawsuit, the mediation committee shall suspend mediation and give notice thereof to the other party. |
| (3) | Where one party to a dispute whose lawsuit is pending in a court applies for mediation, the mediation committee shall rule to reject such application. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 52-8 (Effect of Mediation) |
| (1) | Where the parties to a dispute accept a proposed mediation pursuant to Article 52-6 (5), the mediation committee shall promptly prepare a deed of mediation in triplicate and have the committee chairperson and each party to the dispute shall put their signatures and affix seals thereto. |
| (2) | In cases of paragraph (1), it shall be deemed that agreement to the same contents as those of the deed of mediation has been reached between the parties to a dispute. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
| Article 52-9 (Appraisal of Defects, etc.) |
| (1) | The mediation committee may request safety diagnosis agencies, agencies specializing in defect appraisal, etc. prescribed by Presidential Decree to conduct a diagnosis, appraisal, etc. of defects, at the request of or in consultation with the parties to a dispute. |
| (2) | The mediation committee may request the Council on Examination of Defects and Mediation of Disputes referred to in Article 39 of the Multi-Family Housing Management Act to determine whether a defect exists at the request of or in consultation with the parties to a dispute. <Amended by Act No. 13474, Aug. 11, 2015> |
| (3) | Expenses incurred under paragraphs (1) and (2) shall be borne by the parties to a dispute, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11555, Dec. 18, 2012]
CHAPTER III BUILDING LEDGER OF SECTIONAL BUILDING
| Article 53 (Compilation of Building Ledger) |
| (1) | A Governor of a Special Self-Governing Province or the head of a Si/Gun/autonomous Gu (hereinafter referred to as "competent authority") shall keep building ledgers of buildings prescribed by this Act, drawings of buildings and ground plans of each floor, in respect of buildings subject to the application of this Act. |
| (2) | A ledger shall be compiled with a paper to manifest one building and a paper to manifest the building of the section for exclusive use which belongs to the building. |
| (3) | One paper shall be used for one building, and one paper shall be used for every sectionalized building in which sections for exclusive use exists. |
| (4) | The ledgers of sectionalized buildings which belong to one building shall be compiled into one ledger book and the papers which manifest the sectionalized building shall be compiled following the papers which manifest one building. |
| (5) | In cases falling under paragraph (4), if the papers which have been compiled reach excessive amount, they may be bound into several books. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 54 (Matters to be Registered in Building Ledger) |
| (1) | On the paper to manifest one building, the following matters shall be registered: <Amended by Act No. 11690, Mar. 23. 2013> |
| 1. | Location and the lot number of one building; |
| 2. | Number of one building, if any; |
| 3. | Structure and size of one building (in cases of the building with the sectioned stores, it shall include the total area of the floor used as commercial facilities, etc.); |
| 4. | Number of the section for exclusive use which belongs to one building; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | On the paper to manifest the section for exclusive use, the following matters shall be registered: <Amended by Act No. 11690, Mar. 23. 2013> |
| 1. | Number of section for exclusive use; |
| 2. | Number of one building to which the section for exclusive use belongs; |
| 3. | Type, structure and size of the section for exclusive use; |
| 4. | If an annex building exists, the type, structure, and size thereof; |
| 5. | Name or title, and address of residence or office of the owner; if not less than two owners exist, the share of each owner; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | In cases of paragraph (2) 4, if the annex building is the one detached from that section for exclusive use or the one which sectionalized one detached building, the location and the lot number of such one building, and the number, type, structure and size of the building shall be registered on the ledger. |
| (4) | In cases of paragraph (3), in registering the matters regarding the manifestation of the building and owner, the cause, its date, and the date of registration thereof shall be registered. |
| (5) | With respect to the registration of the section for common use under Article 3 (2) and (3), paragraphs (2) and (4) shall apply mutatis mutandis. In such cases, it shall be registered on the manifestation column that the relevant section is for common use. |
| (6) | In cases of sectioned stores, the purport that no boundary walls exist shall be entered in a structure column of the form for sections for exclusive use. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 55 (Registration Procedures of Building Ledgers) |
The registration of the building ledger shall be done upon the application by owner, etc. or by the competent authority's decision based on investigation.
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 56 (Application of New Registration of Building Ledgers) |
| (1) | A person who has constructed a new building subject to the application of this Act, shall apply for the registration of the building ledger simultaneously for all sections of exclusive ownership which belong to the building, within one month after its construction. |
| (2) | On the application under paragraph (1), matters provided for in Article 54 shall be written and the drawing of the building, the ground plans (in cases of sectioned stores, referring to ground plans prepared by a certified architect reported under Article 23 of the Certified Architects Act or a surveying technician stipulated under Article 39 (2) of the Act on the Establishment, Management, etc. of Spatial Data, recording the survey results on the boundary marks of sectioned stores) of each floor, and the document proving that the building is owned by the applicant shall be attached thereto, and if there is something prescribed by the regulations or by notarial deeds equivalent to the regulations among the matters written in the application, such regulations or notarial deeds shall be attached thereto. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to a building which was not governed by this Act but becomes subject to the this Act due to sectioning, new construction and any other reason. |
| (4) | In cases falling under paragraph (3), the owner of the building may file the application under paragraph (1) in subrogation of the owner of another building. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 57 (Application for Modification in Registration of Building Ledgers) |
| (1) | If matters registered in the building ledger are modified, the owner shall file an application for the modification of registration within one month therefrom. |
| (2) | One or several persons among the owners of sections for exclusive use may file an application for the modification of registration with respect to the matters to manifest one building and the section for common use, within the period under paragraph (1). |
| (3) | On the application document of paragraphs (1) and (2), the matter sufficient to manifest the modified matters and one building shall be written, and the documents proving the modification thereof shall be attached thereto, and where the location, structure, or size of a building is modified or an annex building is newly built, the drawings of the building or the ground plans of each floor shall be attached thereto as well. |
| (4) | The purpose of use of a sectioned store may not be altered to the purpose other than that provided for in Article 1-2 (1) 1. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 58 (Succession of Application Duty) |
If an owner of a building is changed, the application for registration under Articles 56 and 57 (1) which shall be filed by the ex-owner, shall be filed by the new owner within one month from the date of the owner is changed. [This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 59 (Ex Officio Investigation by Competent Authority) |
| (1) | The competent authority may, when it make registration in the building ledger either in receipt of the application under Article 56 or 57 or ex officio, have a public official under its control investigate matters concerning the manifestation of the building. |
| (2) | The competent authority shall, when it receives the application under Article 56 or 57 in respect of a sectioned store, investigate whether the details of application meet the requirements under each subparagraph of Article 1-2 (1) and whether the building is in conformity with the actual status. |
| (3) | In conducting an investigation under paragraphs (1) and (2), the relevant public official may enter the building during the time from sunrise to sunset, make some inquiries and request for the presentation of documents to the occupier or any other interested parties. In such cases, the relevant public official shall produce a certificate indicating his/her status to persons concerned. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 60 (Measures after Investigation) |
| (1) | In cases falling under Article 56, if the competent authority deems the reported matters unreasonable based on the results of the investigation conducted by the relevant public official, it shall issue an order for correction stating the reason therefor, and if the competent authority deems that the state of a building does not comply with Article 1 or 1-2 even if the reported matters are corrected, it shall refuse the registration thereof and register the whole building as one building in the ordinary building ledger. |
| (2) | In cases falling under paragraph (1), the reasons for refusing the registration shall be notified, in writing, to the applicant within seven days from the date of registration in the ordinary building ledger. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Articles 61 through 64 Deleted. <by Act No. 10580, Apr. 12, 2011> |
CHAPTER IV PENAL PROVISIONS
| (1) | A person who damages, moves, or removes the boundary marks or building number marks stipulated by Article 1-2 (1), or who makes boundaries unrecognizable in any other means, shall be punished by imprisonment for not more than three years, or by a fine not exceeding ten million won. |
| (2) | When a certified architect or a surveying technician records surveying results differently from the facts on a ground plan stipulated under Article 56 (2), he/she shall be punished by imprisonment for not more than two years, or by a fine not exceeding five million won. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
| Article 66 (Fines for Negligence) |
| (1) | A person who refuses, interferes with, or evades an investigation under Article 59 shall be punished by a fine for negligence not exceeding two million won. In such cases, the same shall also apply to a person who fails to present a document or presents a false document, or a person who fails to make a statement to questions or makes a false statement. |
| (2) | A manager, a chairperson, or a person to keep the regulations, minutes or documents who conducts such act shall be punished by a fine for negligence not exceeding one million won in any of the following cases: <Amended by Act No. 11555, Dec. 18, 2012> |
| 1. | Where he/she fails to make a report or makes a false report, in violation of Article 26 (1) (including cases where Article 52 applies mutatis mutandis to this provision); |
| 2. | Where he/she fails to keep the regulations, minutes or documents (including information recorded by electronic means), in violation of Articles 30 (1), 39 (4) and 41 (3) (including cases where Article 52 applies mutatis mutandis to these provisions); |
| 3. | Where he/she refuses a request for perusal of the documents (including information recorded by electronic means) prescribed in subparagraph 2 or for the issuance of an certified copy thereof without any justifiable reasons, in violation of Articles 30 (3), 39 (4) and 41 (3) (including cases where Article 52 applies mutatis mutandis to these provisions); |
| 4. | Where he/she fails to prepare the minutes or fails to state matters which should be stated in the minutes, or makes a false statement in the minutes, in violation of Article 39 (2) and (3) (including cases where Article 52 applies mutatis mutandis to these provisions); |
| 5. | Where a person liable to file an application under Articles 56 (1), 57 (1) and 58 neglects an application for registration. |
| (3) | Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the competent authority. |
[This Article Wholly Amended by Act No. 10204, Mar. 31, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Re-Compilation of Existing House Ledger)
| (1) | The house ledger of the sectional building which exists at the time when this Act enters into force shall be re-compiled according to the form provided in this Act within one year after this Act enters into force. In the case that the house ledger has not been kept, the building ledger according to the provisions of the Building Act shall be deemed to be the house ledger. |
| (2) | The re-compiled building ledger under the latter part of paragraph (1) shall be deemed to be the house ledger under this Act. |
Article 3 (Transitional Measures concerning Share of Section for Common Use)
Where the section for common use which exists at the time when this Act enters into force belongs to the co-ownership of all or some of the sectional owners, if the share of each co-owner does not comply with Article 12, such share shall be deemed to have been determined by the regulations under the proviso to Article 10 (2). Article 4 (Transitional Measures)
Articles 20 through 22 related to the section for exclusive use which exists at the time when this Act enters into force and rights to use the site shall apply from the date on which two years lapse after this Act enters into force: Provided, That with regard to the building on which the registration pursuant to Article 2 (2) of the Addenda of the amended Registration of Real Estate Act (Act No. 3726) has been completed, Articles 20 through 22 of this Act shall apply from the day following the date of completion of the registration. Article 5 (Transitional Measures concerning Acquisition of Share of CoOwnership)
| (1) | Where a building which has been registered as a sectional building at the time when this Act enters into force does not comply with Article 1 so that its registration paper is closed, the owner of that building shall be deemed to have acquired a share of co-ownership of one building to which that building belongs at the rate of the allotment sale price or if it is not clear, at the rate of the price calculated by the appraiser. |
| (2) | In the case under paragraph (1), registration (Deung Ki) of rights other than ownership, which have been executed on that sectional building shall have effect on the share thereof as a matter of course. |
Article 6 Deleted. <by Act NO. 11555, Dec. 18, 2012>
ADDENDUM <Act No. 3826, May 12, 1986>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5592, Dec. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relations with Other Acts and Subordinate Statutes)
If a registration public official is cited in other Acts and subordinate statutes at the time when this Act enters into force, a registration officer shall be deemed to have been cited.
ADDENDA <Act No. 6925, Jul. 18, 2003>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) Where the building which was registered as a sectional building at the time this Act enters into force is not compatible with Article 1, but it has completed a modified registration on the building ledger under Article 54 (1) 3 and (6) within two years after this Act enters into force, by equipping itself with the requisites for the sectioned store as stipulated by Article 1-2 (1), and by appending the ground plan under Article 56 (2), it shall be deemed to have become the object of ownership by sectioned stores at the time when it is registered as a sectioned store. |
ADDENDUM <Act No. 7502, May 26, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9172, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9647, May 8, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penal Provisions and Fines for Negligence) When applying the penal provisions and a fine for negligence to an act done before this Act enters into force, the previous provisions shall apply thereto. |
| (3) | (Transitional Measures concerning Trial for Fine for Negligence) The previous provisions shall apply to trial for a fine for negligence pending in court at the time when this Act enters into force. |
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDUM <Act No. 10204, Mar. 31, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force in six months after the promulgation of this Act. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11555, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Term for Manager)
The amended provisions of Article 24 (2) shall apply to a manager who is appointed or whose term begins on or after the day this Act enters into force. Article 3 (Transitional Measures concerning Warranty Liability)
Article 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 36 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.