ACT ON OWNERSHIP AND MANAGEMENT OF CONDOMINIUM BUILDINGS
Act No. 3725, Apr. 10, 1984
Amended by Act No. 3826, May 12, 1986
Act No. 5592, Dec. 28, 1998
Act No. 6925, Jul. 18, 2003
Act No. 7502, May 25, 2005
Act No. 9172, Dec. 26, 2008
Act No. 9647, May 8, 2009
Act No. 9774, jun. 9, 2009
Act No. 10204, Mar. 31, 2010
Act No. 10580, Apr. 12, 2011
Act No. 11555, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12738, jun. 3, 2014
Act No. 13474, Aug. 11, 2015
Act No. 13805, Jan. 19, 2016
Act No. 16919, Feb. 4, 2020
Act No. 19282, Mar. 28, 2023
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 on Mar. 31, 2010]
| Article 1-2 (Sectional Ownership of Commercial Building) |
| (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: <Amended on Feb. 4, 2020> |
| 2. | Deleted; <Feb. 4, 2020> |
| 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 on Mar. 31, 2010]
The terms used in this Act are defined 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 possession" 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 possession, the annex facilities of the building that do not belong to the section for exclusive possession 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 possession 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 or her section for exclusive possession. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 2-2 (Relationship to Other Statutes) |
The special provisions of the Housing Act and the Multi-Family Housing Management Act concerning the methods of and standards for managing condominium 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 on Aug. 11, 2015> [This Article Newly Inserted on Dec. 18, 2012]
[Title Amended on Aug. 11, 2015]
| Article 3 (Sections for Common Use) |
| (1) | Corridors and stairs that lead to several sections for exclusive possession, 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 sections of a building under Article 1 or 1-2 and its annex building may be made as sections for common use by regulations. |
| (3) | An owner of all sections of a building under Article 1 or 1-2 or its annex building may prescribe provisions 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 sections are sections for common use shall be registered. |
[This Article Wholly Amended on 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 sections for exclusive possession belong, and land on which said building is located may be prescribed as the site of for building by regulations. |
| (2) | Article 3 (3) shall apply mutatis mutandis to cases falling 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 on Mar. 31, 2010]
| Article 5 (Rights and Obligations of Sectional Owners) |
| (1) | A sectional owner of a building shall not perform any act which has adverse impact on the maintenance of the 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) | Where a section for exclusive possession is parceled out for residential purpose, the sectional owner shall neither use that section for other purposes than residential one, nor extend/renovate the section by removing or destroying interior walls without good cause. |
| (3) | A sectional owner may request for the use of a section for exclusive possession owned by any other sectional owner or a section for common use which are not shared by himself or herself, within the extent necessary for maintaining or refurbishing his or her section for exclusive possession or the section for common use which is shared by himself or herself. In such cases, the sectional owner shall compensate such other sectional owner for damage, if any. |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis to a person who occupies a section for exclusive possession with no sectional ownership (hereinafter referred to as "occupier"). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 6 (Presumption of Defect in Construction or Maintenance of Building) |
If damage is incurred to others from any defect in the construction or maintenance of one building to which sections for exclusive possession belong, such defect shall be presumed to exist in sections for common use.
[This Article Wholly Amended on 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 sectional owner's section for exclusive possession may claim the sectional owner to sell his or her sectional ownership at the market price.
[This Article Wholly Amended on 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 on Mar. 31, 2010]
| Article 9 (Warranty Liability) |
| (1) | A person who constructs and parcels out a building (hereinafter referred to as “person who parcels out a building”) under Article 1 or 1-2 and a person who constructs a building under a contract with a person prescribed by Presidential Decree who parcels out a building (hereinafter referred to as “constructor”) 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 on Dec. 18, 2012> |
| (2) | Notwithstanding paragraph (1), where otherwise expressly provided by any other statute 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 that statute. <Newly Inserted on 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 on 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 on Dec. 18, 2012> |
[This Article Wholly Amended on 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 on Jan. 19, 2016> |
| 1. | Section for exclusive possession: 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 of 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 on Dec. 18, 2012]
| Article 9-3 (Management Obligations 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 manager appointed under Article 24 (3) commences his or her duties. <Amended on Feb. 4, 2020> |
| (2) | Taking into consideration the standard regulations established under Article 28 (4) and the regional standard regulations established under Article 28 (5), a person who parcels out a building shall formulate provisions equivalent to such regulations in the form of a notarial deed and provide it to a purchaser before concluding a parceling-out contract with him or her. <Amended on Mar. 28, 2023> |
| (3) | Where at least 1/2 of the prospective purchasers have registered the transfer of ownership, a person who parcels out a building shall notify sectional owners of the convening of a managing body's meeting (referring to the managing body's meeting under Article 23; hereinafter the same shall apply) to prescribe regulations and to appoint a manager, as prescribed by Presidential Decree. In such cases, it shall be specified that a managing body's meeting shall be convened within three months from the date of receipt of the notice. <Amended on Feb. 4, 2020> |
| (4) | If sectional owners fail to convene a managing body's meeting within three months from the date of receipt of notice under paragraph (3), the person who parcels out the building shall convene such managing body's meeting without delay. <Newly Inserted on Feb. 4, 2020> |
[This Article Newly Inserted on Dec. 18, 2012]
SECTION 2 Section for Common Use
| Article 10 (Vesting of Sections for Common Use) |
| (1) | The sections for common use are under the co-ownership of all sectional owners: Provided, That some sections for common use which is obviously provided only for common use by certain sectional owners (hereinafter referred to as "sections for partial common use") belong 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 on Mar. 31, 2010]
| Article 11 (Co-Owner’s Entitlement to Use) |
Each co-owner is entitled to use sections for common use in conformity with their purposes.
[This Article Wholly Amended on 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 his or her section for exclusive possession. |
| (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 partial common use shall be divided according to the ratio of the sections for exclusive possession by sectional owners who share the section for partial common use and added to the area of the section for each sectional owner's exclusive possession. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 13 (Indivisibility of Shares to Sections for Exclusive Possession and Sections for Common Use) |
| (1) | A co-owner’s share to the section for common use shall be in accordance with the disposal of the section for his or her exclusive possession. |
| (2) | A co-owner may not dispose of his or her share to the section for common use, separately from the section for his or her exclusive possession. |
| (3) | The acquisition or loss of, or any change in real rights on sections for common use need not be registered. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 14 (Management of Section for Partial Common Use) |
Among the matters regarding the management of sections 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 their section for partial common use. [This Article Wholly Amended on Mar. 31, 2010]
| Article 15 (Change of Section for Common Use) |
| (1) | Matters regarding the change of a section for common use shall be determined at a managing body's meeting by resolution of at least 2/3 of sectional owners and of persons having voting rights: Provided, That matters regarding the change of a section for common use may be determined by resolution at an ordinary meeting under Article 38 (1) in any of the following cases: <Amended on Feb. 4, 2020> |
| 1. | The refurbishment of a section for common use which does not require excessive costs; |
| (2) | In cases falling under paragraph (1), if the change of a section for common use has a special effect on any other sectional owner’s right, the approval of the sectional owner shall be obtained. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 15-2 (Change of Section for Common Use with Change of Rights) |
| (1) | Notwithstanding Article 15, matters regarding the change of a section for common use, which is to cause any change in the scope or contents of the sectional ownership and the right to use the site, which is aimed to restrain the deterioration of the building or to improve its functions, shall be determined at a managing body's meeting by resolution of at least 4/5 of sectional owners and at least 4/5 of persons having voting rights: Provided, That matters regarding the change of a section for common use which occurs in a resort condominium for operating the resort condominium business under Article 3 (1) 2 (b) of the Tourism Promotion Act, which is to cause any change of rights with regard to the resort condominium, shall be determined by resolution of at least 2/3 of sectional owners and at least 2/3 of persons having voting rights. <Amended on Mar. 28, 2023> |
| (2) | A resolution adopted under paragraph (1) shall determine on the following matters. In such cases, matters specified in subparagraphs 3 through 7 shall be determined in a manner that maintains equity among sectional owners: |
| 2. | Expected construction period and estimated expenses (including expenses for transferring any special loss); |
| 3. | Methods of apportioning expenses under subparagraph 2; |
| 4. | Uses of the changed section; |
| 5. | If any increase or decrease occurs in the number of sections for exclusive possession, matters regarding the vesting of the changed sections; |
| 6. | Where any increase or decrease occurs in the area of a section for exclusive possession or of a section for common use, matters regarding the vesting of the changed area; |
| 7. | Matters relating to right to use the site; |
| 8. | Other matters prescribed by regulations. |
| (3) | Each sectional owner's approval or disapproval shall be recorded in the minutes of a managing body's meeting for resolution under paragraph (1). |
| (4) | Articles 48 and 49 shall apply mutatis mutandis where a resolution under paragraph (1) is passed. |
[This Article Newly Inserted on Feb. 4, 2020]
| Article 16 (Management of Sections for Common Use) |
| (1) | Matters regarding the management of sections for common use, except as provided in the main clause of Article 15 (1) and Article 15-2, shall be determined by resolution at an ordinary meeting under Article 38 (1): Provided, That the maintenance thereof may be done by each co-owner. <Amended on Feb. 4, 2020> |
>(2) A person who occupies a section for exclusive possession with the sectional owner’s consent may attend a managing body’s meeting under the main clause of paragraph (1) and exercise the sectional owner’s voting right: Provided, That the foregoing shall not apply where the sectional owner and occupier have determined otherwise and notifies the managing body thereof and where a managing body’s meeting is convened for determining matters which have special impact on the obligations and rights of the sectional owner, the occupant shall obtain prior consent from the sectional owner regarding the exercise of his or her voting right. <Newly Inserted on Dec. 18, 2012>
| (3) | The provisions of paragraphs (1) and (2) may be provided for otherwise by regulations. <Amended on Dec. 18, 2012> |
| (4) | Article 15 (2) shall apply mutatis mutandis to cases referred to in the main clause of paragraph (1). <Amended on Dec. 18, 2012> |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 17 (Cost-Bearing for and Profit-Making from Sections for Common Use) |
Each co-owner shall bear the management costs of sections for common use or other obligations, and gain profits accruing therefrom according to the ratio of his or her share, unless otherwise specified by the regulations.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 17-2 (Repair Reserves) |
| (1) | A managing body under Article 23 (hereinafter referred to as "managing body") may formulate a repair plan regarding the replacement and repair of the building, site, or annex facilities, by resolution adopted at a managing body's meeting, unless otherwise provided in regulations. |
| (2) | The managing body may collect and accumulate repair reserves according to resolution of the managing body's meeting unless otherwise provided in regulations: Provided, That the foregoing shall not apply where allowances or reserves are collected or accumulated after a plan for long-term repair has been formulated under any other statute. |
| (3) | The repair reserves under paragraph (2) (hereafter in this Article referred to as "repair reserve") shall be collected from sectional owners and be vested in the management body. |
| (4) | The managing body shall use the repair reserve for the following purposes unless otherwise provided in regulations: |
| 1. | Construction works under a repair plan formulated under paragraph (1); |
| 2. | Repair works due to an unexpected reason, such as a natural disaster; |
| 3. | Repayment of money used for the purposes specified in subparagraphs 1 and 2. |
| (5) | Matters necessary for formulating a repair plan under paragraph (1) and for collecting and accumulating repair reserves shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 4, 2020]
| Article 18 (Effect of Claim Incurred in relation to Section for Common Use) |
A claim which a co-owner has against another co-owner in relation to the section for common use may be exercised against the special successor to such another co-owner.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 19 (Application Mutatis Mutandis of Provisions Governing Sections for Common Use) |
Where sectional owners jointly own the site of the building or its annex facilities (including their rights to the site or annex facilities) except sections for common use, Articles 15, 15-2, 16, and 17 shall apply mutatis mutandis to the site and annex facilities. <Amended on Feb. 4, 2020> [This Article Wholly Amended on Mar. 31, 2010]
SECTION 3 Right to Use Site
| Article 20 (Indivisibility of Section for Exclusive Possession and Right to Use Site) |
| (1) | A sectional owner’s right to use the site shall be in accordance with the disposal of his or her section for exclusive possession. |
| (2) | A sectional owner may not dispose of the right to use the site, separately from his or her section for exclusive possession: Provided, That the foregoing shall not apply if specified otherwise by the regulations. |
| (3) | The prohibition of separate disposal of the right under the main clause of paragraph (2) shall not be opposed against a third party who has acquired a real right in good faith unless the purport is registered. |
| (4) | Article 3 (3) shall apply mutatis mutandis to the proviso of paragraph (2). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 21 (Ratio of Right to Use Site according to Disposal of Section for Exclusive Possession) |
| (1) | Where a sectional owner possesses not less than two sections for exclusive possession, the right to use the site according to the disposal of any of his or her sections for exclusive possession shall be determined by the ratio under Article 12: Provided, That the foregoing shall not apply if otherwise specified by regulations. |
| (2) | Article 3 (3) shall apply mutatis mutandis to the proviso of paragraph (1). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 22 (Exclusion from Application of Article 267 of the Civil Act) |
[This Article Wholly Amended on Mar. 31, 2010]
SECTION 4 Managing Body and Its Agencies
| Article 23 (Obligatory Establishment 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 purpose of managing the building, site, and annex facilities. |
| (2) | Where sections for partial common use exist, the sectional owners of such sections for partial common use may form a managing body for the purpose of managing the sections for partial common use pursuant to the regulations under Article 28 (2). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 23-2 (Obligations of Managing Body) |
A managing body shall exercise or perform the rights or obligations of the sectional owners necessary for common interests concerning the management and use of the building with the due care required of a good manager.
[This Article Newly Inserted on Dec. 18, 2012]
| Article 24 (Appointment of Manager) |
| (1) | Where the number of sectional owners is at least 10 persons, a manager to represent a managing body and execute the duties thereof shall be appointed. <Amended on Dec. 18, 2012> |
| (2) | A manager need not be a sectional owner, and his or her term of office shall be provided in regulations for up to two years. <Newly Inserted on Dec. 18, 2012> |
| (3) | A manager shall be appointed or dismissed by resolution at a managing body's meeting: Provided, That such manager shall be appointed or dismissed by resolution adopted by a managing committee established under Article 26-3 where so provided in regulations. <Amended on Dec. 18, 2012; Feb. 4, 2020> |
| (4) | A person who occupies a section for exclusive possession with the sectional owner’s consent may attend a managing body’s meeting under the main clause of paragraph (3) and exercise the sectional owner’s voting rights: Provided, That the foregoing shall not apply where the sectional owner and the occupant have determined otherwise and notifies the managing body thereof, or where the sectional owner notifies the managing body that he or she shall exercise his or her voting right in person before such meeting is convened. <Newly Inserted on Dec. 18, 2012> |
| (5) | If a manager commits an illegal act or has any ground making him or her inappropriate to perform his or her duties, any of the sectional owners may request the court to dismiss the manager. <Amended on Dec. 18, 2012> |
| (6) | A person appointed as the manager of a building with at least 50 sections for exclusive possession (excluding multi-family housing or rental housing subject to compulsory management under the Multi-Family Housing Management Act, and superstores and quasi-superstores with the managers of the superstores and quasi-superstores who have reported pursuant to the Distribution Industry Development Act) shall report his or her appointment to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/autonomous Gu (hereinafter referred to as "competent authority"), as prescribed by Presidential Decree. <Newly Inserted on Feb. 4, 2020> |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 24-2 (Appointment of Ad Hoc Managers) |
| (1) | If a manager under Article 24 (3) does not exist, interested parties, such as sectional owners, persons who occupy sections for exclusive possession with respective sectional owners' consent, and the person who parcels out the building, may request the court to appoint an ad hoc manager. |
| (2) | An ad hoc manager shall convene a managing body's meeting or a managing committee to appoint a manager under Article 24 (3) within six months from the date of his or her appointment. |
| (3) | The term of office of an ad hoc manager shall begin on the date of his or her appointment and continue until the date of appointment of a manager under Article 24 (3), and shall not exceed the term prescribed by regulations under paragraph (2) of that Article. |
[This Article Newly Inserted on Feb. 4, 2020]
| Article 25 (Authority and Obligations of Manager) |
| (1) | A manager has authority and obligations to conduct the following: <Amended on Feb. 4, 2020> |
| 1. | Acts of maintaining sections for common use; |
| 1-2. | Acts of executing resolutions adopted at managing body's meetings on management and change of sections for common use; |
| 2. | Acts of claiming and receiving, to/from each sectional owner, expenses and allotted costs for performing the duties of the managing body, such as expenses for the management of sections for common use, and of managing the money; |
| 3. | Judicial or extra-judicial acts of representing the managing body in respect of the execution of managing body's business; |
| 3-2. | Acts of taking necessary measures, such as making a request to stop the act of undermining peace in the community by causing noise, vibration, foul odors, etc., or recommending procedures for mediation, etc. of disputes; |
| 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 on Mar. 31, 2010]
| Article 26 (Manager’s Obligation to Report) |
| (1) | A manager shall file a report of the affairs of the managing body to sectional owners and persons who occupy sections for exclusive possession with the respective sectional owners' consent, at least once, every year, as prescribed by Presidential Decree. <Amended on Dec. 18, 2012; Mar. 28, 2023> |
| (2) | The manager of a building with at least 50 sections for exclusive possession shall monthly prepare books on all transaction activities, such as collecting, holding, using, and managing expenses, allotted costs, and other money for conducting the business affairs of the managing body, and shall retain them for five years from the end date of the relevant fiscal year along with their evidential documents. <Newly Inserted on Mar. 28, 2023> |
| (3) | An interested party may make to the manager a request for perusal of the reporting materials under paragraph (1) or the books or evidential documents under paragraph (2) or a request for issuance of certified copies of them at his or her own expense; in such cases, the manager shall comply with such request except for the following information: <Amended on Mar. 28, 2023> |
| 2. | Information that is the matters, etc. in the course of decision-making process or internal review and is likely to cause substantial disruption to the fair performance of business affairs, if disclosed. |
| (5) | The provisions of the Civil Act governing delegation shall apply mutatis mutandis to a manager's rights and obligations not provided in this Act or regulations. <Amended on Dec. 18, 2012; Mar. 28, 2023> |
[This Article Wholly Amended on Mar. 31, 2010]
| (1) | The manager of a building prescribed by Presidential Decree with at least 150 sections for exclusive possession shall undergo an audit conducted by an auditor defined in subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies (hereafter in this Article referred to as "auditor") at least once a year: Provided, That the foregoing shall not apply to years in which at least 2/3 of sectional owners and at least 2/3 of persons having voting rights adopt a resolution not to undergo an audit at a managing body's meeting. |
| (2) | A person who occupies a section for exclusive possession with the sectional owner’s consent may attend a managing body’s meeting under the proviso of paragraph (1) and exercise the sectional owner’s voting right: Provided, That the foregoing shall not apply where the sectional owner and occupier have determined otherwise and notifies the managing body thereof, or where the sectional owner notifies the managing body that he or she shall exercise his or her voting right in person before such meeting is convened. |
| (3) | The manager of a building prescribed by Presidential Decree, which has at least 50 but less than 150 sections for exclusive possession shall, where at least 1/5 of the sectional owners make a request with their joint signatures, undergo an audit by an auditor. In such cases, a person who occupies a section for exclusive possession with the sectional owner's consent may sign the contract on behalf of the sectional owner. |
| (4) | Where a manager has undergone an audit under paragraph (1) or (3), he or she shall report the results of the audit, including an audit report, to the sectional owners and persons who occupy sections for exclusive possession with the respective sectional owners' consent, as prescribed by Presidential Decree. |
| (5) | Necessary matters regarding the standards for and methods of an audit and methods for selecting auditors under paragraph (1) or (3) shall be prescribed by Presidential Decree. |
| (6) | No manager subject to an audit under paragraph (1) or (3) shall engage in any of the following acts: |
| 1. | Refusing, obstructing, or evading the auditor's request for perusal, reproduction or submission of data or his or her examination without good cause; |
| 2. | Obstructing the audit by fraud, such as submitting false data to the auditor. |
[This Article Newly Inserted on Feb. 4, 2020]
[Previous Article 26-2 moved to Article 26-3 <Feb. 4, 2020>]
| Article 26-3 (Establishment and Function of Managing Committee) |
| (1) | A managing committee may be established under a managing body, as prescribed by regulations. |
| (2) | A managing committee shall oversee a manager’s execution of his or her business affairs prescribed by this Act or regulations. |
| (3) | Where a managing committee is established pursuant to paragraph (1), a manager shall conduct the acts referred to in the subparagraphs of Article 25 (1) after a resolution adopted at the managing committee: Provided, That this shall not apply to the matters otherwise prescribed by regulations. |
[This Article Newly Inserted on Dec. 18, 2012]
[Moved from Article 26-2; previous Article 26-3 moved to Article 26-4 <Feb. 4, 2020>]
| Article 26-4 (Composition and Operation of Managing Committee) |
| (1) | The members of a managing committee shall be elected from among the sectional owners by resolution adopted at a managing body’s meeting: Provided, That this shall not apply where regulations determine otherwise with respect to a resolution adopted at the managing body’s meeting. |
| (2) | No manager may become a member of a managing committee unless otherwise provided in regulations. <Amended on Feb. 4, 2020> |
| (3) | The term of office of members of a managing committee shall be prescribed by regulations for a period of up to two years. <Newly Inserted on Feb. 4, 2020> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of a managing committee shall be prescribed by Presidential Decree. <Amended on Feb. 4, 2020> |
| (5) | A person who occupies a section for exclusive possession with the sectional owner’s consent may attend a managing body’s meeting under the main clause of paragraph (1) and exercise the sectional owner’s voting right: Provided, That the foregoing shall not apply where the sectional owner and occupier have determined otherwise and notifies the managing body thereof, or where the sectional owner notifies the managing body that he or she shall exercise his or her voting right in person before such meeting is convened. <Newly Inserted on Feb. 4, 2020> |
[This Article Newly Inserted on Dec. 18, 2012]
[Moved from Article 26-3 <Feb. 4, 2020>]
| Article 26-5 (Supervision over Management of Condominium Buildings) |
| (1) | If deemed necessary for efficient management of condominium buildings and improvement of welfare of residents, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") may require the manager of a building with at least 50 sections for excessive possession to report on the following matters or submit relevant materials: |
| 1. | Collection, accumulation, use, etc. of repair reserves under Article 17-2 (2); |
| 2. | Appointment or dismissal of a manager under Article 24; |
| 3. | Reporting under Article 26 (1) and preparation and retention of books and retention of evidential documents under paragraph (2) of that Article; |
| 5. | Convocation of regular meetings of the managing body under Article 32; |
| 6. | Other matters prescribed by Presidential Decree, which are necessary for supervising the management of condominium buildings. |
| (2) | Matters necessary for procedures, etc. for the issuance of orders under paragraph (1) shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Mar. 28, 2023]
| 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 or her succession. |
[This Article Wholly Amended on Mar. 31, 2010]
SECTION 5 Regulations and Meetings
| (1) | Matters regarding the management or use of a building and its site and annex facilities, which are related to sectional owners but not provided for in this Act, may be determined by regulations. |
| (2) | Matters regarding sections for partial common use, which are irrelevant to the interests of all sectional owners, may be determined by the regulations for the sectional owners sharing the sections 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 Minister of Justice shall prepare the standard regulations for the efficient and fair management of buildings and their sites and annex facilities, subject to this Act. <Newly Inserted on Dec. 18, 2012; Mar. 28, 2023> |
| (5) | The Mayor/Do Governor shall prepare and disseminate regional standard regulations, taking into consideration the standard regulations under paragraph (4), as prescribed by Presidential Decree. <Newly Inserted on Mar. 28, 2023> |
[This Article Wholly Amended on 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 at least 3/4 of sectional owners and at least 3/4 of persons having voting rights. In such cases, if the establishment, amendments, and repeal of regulations has a special effect on certain sectional owners’ rights, their approval shall be obtained. |
| (2) | The establishment, amendments, and repeal of regulations for all sectional owners regarding the matters provided for in Article 28 (2) shall not take place if more than 1/4 of the sectional owners sharing a section for partial common use or more than 1/4 of persons having voting rights oppose thereto. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 30 (Retention and Perusal of Regulations) |
| (1) | Regulations shall be retained by one person, among the manager, sectional owners, or sectional owners' agents who use the building. |
| (2) | The sectional owner or his or her agent who is obliged to retain 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 certified copies of them, at his or her own expense, to the person who retains the regulations under paragraph (1). |
[This Article Wholly Amended on 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 on 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 on Dec. 18, 2012>
[This Article Wholly Amended on 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 1/5 of the sectional owners specifying the detailed purposes of the meeting: Provided, That the quorum may be reduced by regulations. <Amended on 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 on Dec. 18, 2012> |
| (4) | In the absence of the manager, at least 1/5 of the sectional owners may convene a managing body’s meeting. This quorum may be reduced by regulations. <Amended on Dec. 18, 2012> |
[This Article Wholly Amended on 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 a section for exclusive possession 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 or her section for exclusive possession exists when he or 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 on Mar. 31, 2010]
| Article 35 (Omission of Convocation Procedures) |
Managing body's meetings may convene without taking convocation procedure if all sectional owners consent thereto.
[This Article Wholly Amended on 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 on 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 a section for exclusive possession 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 possession is jointly occupied by several persons with the sectional owner’s consent, one of them shall be designated to exercise voting right of the sectional owner pursuant to Article 16 (2), 24 (4), 26-2 (2), or 26-4 (5). <Newly Inserted on Dec. 18, 2012; Feb. 4, 2020> |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 38 (Method of Resolution) |
| (1) | In the proceedings of the managing body, resolutions shall be adopted by a majority of sectional owners and of persons having 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 on 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 on Dec. 18, 2012> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the exercise of voting rights shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 18, 2012> |
[This Article Wholly Amended on 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 on Mar. 31, 2010]
| Article 40 (Occupier’s Right to State Opinion) |
| (1) | A person who occupies a section for exclusive possession with the consent of the sectional owner is entitled to attend the meeting and state his or her opinion, insofar as he or 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 on Mar. 31, 2010]
| Article 41 (Adoption of Resolutions in Writing or by Electronic Means) |
| (1) | Where at least 3/4 of sectional owners and at least 3/4 of persons having voting rights agree, either in writing or by electronic means, or both in writing and by electronic means, on the matters prescribed to be resolved at a managing body’s meeting under this Act or regulations, such managing body's meeting shall be deemed to have been convened and adopt the resolution. <Amended on Dec. 18, 2012; Mar. 28, 2023> |
| (2) | Notwithstanding paragraph (1), if a resolution is adopted either in writing or by electronic means, or both in writing and by electronic means, after satisfying the quorum requirements specified in the following classifications, such managing body's meeting shall be deemed to have been convened and adopt the resolutions: <Newly Inserted on Mar. 28, 2023> |
| 1. | In cases falling under Article 15 (1) 2: A majority of sectional owners and a majority of persons having voting rights; |
| 2. | In cases falling under the main clause of Article 15-2 (1), the main clause of Article 47 (2), and Article 50 (4): At least 4/5 of sectional owners and at least 4/5 of persons having voting rights; |
| 3. | In cases falling under the proviso of Article 15-2 (1) and the proviso of Article 47 (2): At least 2/3 of sectional owners and at least 2/3 of persons having voting rights. |
>(3) Where sectional owners have designated one of them as their agent in advance and reported the 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 the sectional owners. <Amended on Dec. 18, 2012; Mar. 28, 2023>
| (4) | Article 30 shall apply mutatis mutandis to information recorded in writing or by electronic means referred to in paragraph (1) and (2). <Amended on Dec. 18, 2012; Mar. 28, 2023> |
[This Article Wholly Amended on Mar. 31, 2010]
[Title Amended on Dec. 18, 2012]
| 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 obligations 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 on 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 or 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 statutes or regulations. |
[This Article Newly Inserted on Dec. 18, 2012]
SECTION 6 Measures Against Violators of Obligation
| Article 43 (Request 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 the sectional owner designated by resolution at the managing body's meeting may request such 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 that Article shall apply mutatis mutandis. |
[This Article Wholly Amended on 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 sections for common use or to maintain the community life of sectional owners, the manager or the sectional owner designated by resolution of at a managing body's meeting may institute a lawsuit against the relevant sectional owner who performs such act, seeking prohibition of use of the section for exclusive possession for a reasonable period. <Amended on Feb. 4, 2020> |
| (2) | The request under paragraph (1) shall be adopted at a managing body's meeting by resolution of at least 3/4 of sectional owners and at least 3/4 of persons having voting rights. <Amended on Feb. 4, 2020> |
| (3) | In adopting a resolution under paragraph (1), an opportunity shall be granted, in advance, to such relevant sectional owner to defend himself or herself. |
[This Article Wholly Amended on 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 a managing body's meeting may request the court to issue an order for the auction of such sectional owner's section for exclusive possession and right to use the site. |
| (2) | A request under paragraph (1) requires a resolution by the managing body's meeting which shall be adopted by at least 3/4 of sectional owners and at least 3/4 of persons having voting rights. |
| (3) | In adopting resolution under paragraph (2), an opportunity shall be granted, in advance, to the relevant sectional owner to defend himself or 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 clause of paragraph (4). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 46 (Request for Transfer against Occupiers of Section for Exclusive Possession) |
| (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 a managing body's meeting may request a cancellation of a contract, the object of which is the section for exclusive possession, and the transfer of the section for exclusive possession. |
| (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 possession under paragraph (1) shall transfer it to the person entitled to occupy the section for exclusive possession in question, without delay. |
[This Article Wholly Amended on 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) | A resolution under paragraph (1) shall be adopted by resolution of at least 4/5 of sectional owners and at least 4/5 of persons having voting rights: Provided, That a resolution for re-building of a resort condominium for operating the resort condominium business under Article 3 (1) 2 (b) of the Tourism Promotion Act shall be adopted by resolution of at least 2/3 of sectional owners and at least 2/3 of persons having voting rights. <Amended on Mar. 28, 2023> |
| (3) | In adopting a resolution for re-building, the following matters shall be determined: |
| 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 vesting 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 a managing body's meeting for resolution under paragraph (1). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 48 (Demand for Sale of Sectional Ownership) |
| (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 or her successor) who did not approve the resolution to reply whether he or 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 or she is deemed to have replied to the effect that he or 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 or her successor) who expressed his or 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 or her successor) who made a reply to the effect that he or she will not participate in the rebuilding to sell his or 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 or she will not participate in the re-building might suffer from substantial difficulty in his or 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 or 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 or 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 clause 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 of paragraph (6) ceases to exist. In such case, "within six months from the expiration date of the above-mentioned period" in the main clause 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 on 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 or she will participate in re-building pursuant to the contents of resolution for re-building, and the appointee for purchase (including his or 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 on Mar. 31, 2010]
| Article 50 (Restoration in Case of Partial Destruction of Building) |
| (1) | Where part of a 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 sections for common use and his or her section for exclusive possession which are destroyed: Provided, That the foregoing shall not apply to cases where a resolution under Article 47 (1) or a resolution for the restoration of sections for common use is adopted before 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 prescribed otherwise by regulations. |
| (4) | In the case of partial destruction of a building except the case specified in the main clause of paragraph (1), the managing body's meeting may adopt a resolution to restore the destroyed section for common use by at least 4/5 of sectional owners and at least 4/5 of persons having voting rights. |
| (5) | Article 47 (5) shall apply mutatis mutandis to cases where such resolution under paragraph (4) is adopted. |
| (6) | Once such 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 the building and its site at the market price. |
| (7) | In cases falling under paragraph (4), if no resolution under that 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 owner to purchase his or her right 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 has been demanded to reimburse or purchase. |
[This Article Wholly Amended on 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 the case of the building in which the sections for exclusive possession exist), 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 the case of the building in which the sections for exclusive possession exist), 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 an 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 at least 3/4 of the members and of person having voting rights of each managing body. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 52 (Application Mutatis Mutandis to Aggregate Housing Area) |
Articles 3, 23-2, 24, 24-2, 25, 26, 26-2 through 26-5, 27 through 42, and 42-2 shall apply mutatis mutandis to cases falling under Article 51. In such cases, the number of buildings without any section for exclusive possession shall be deemed the number of sections for exclusive possession. <Amended on Dec. 18, 2012; Feb. 4, 2020; Mar. 28, 2023> [This Article Wholly Amended on 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 on Aug. 11, 2015; Feb. 4, 2020> |
| 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 change 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; |
| 6-2. | Disputes concerning community life, such as noise, vibration, and foul odors; |
| 7. | Other disputes related to any building to which this Act applies as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 18, 2012]
| Article 52-3 (Composition and Operation of Mediation Committees) |
| (1) | The mediation committee shall be composed of not more than 10 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 provided in paragraphs (1) through (5), matters necessary for the composition and operation of the mediation committee and its subcommittees and matters regarding mediation procedures shall be as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 18, 2012]
| Article 52-4 (Exclusion of Members) |
| (1) | Where any member of the mediation committee falls under any of the following circumstances, he or she shall abstain from deliberation and mediation of the pertinent case: |
| 1. | Where a member or his or 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 disposal 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 or 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 or she may abstain from the deliberation and mediation of the relevant condominium building dispute of his or her own accord. |
[This Article Newly Inserted on Dec. 18, 2012]
| Article 52-5 (Applications or Notifications for Dispute Mediation) |
| (1) | Upon receipt of an application for dispute mediation filed by a party to a dispute, the relevant mediation committee shall give notice of the details of such application to the other party, without delay. |
| (2) | The other party shall, in receipt of notice given under paragraph (1), notify the mediation committee of his or her intention as to whether he or 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 on 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 or she will accept such proposed mediation to the mediation committee within the said period, he or she shall be deemed to have accepted the proposal. |
[This Article Newly Inserted on Dec. 18, 2012]
| Article 52-7 (Request for Appearance and Submission of Materials) |
| (1) | Where deemed necessary for mediation, the mediation committee may request a party to a dispute, an interested party to a dispute, or a witness, to appear and make a statement or to submit materials, articles, etc. necessary for the mediation. |
| (2) | The mediation committee may request a relevant Mayor/Do Governor and relevant institutions to provide materials relating to the dispute in question to use them as reference materials in conducting the mediation affairs. |
[This Article Newly Inserted on Feb. 4, 2020]
[Previous Article 52-7 moved to Article 52-8 <Feb. 4, 2020>]
| Article 52-8 (Suspension of Mediation) |
| (1) | Where a party to a dispute gives notice of his or her intention not to accept mediation pursuant to Article 52-5 (2), or where he or 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 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 reject such application in a ruling. |
[This Article Newly Inserted on Dec. 18, 2012]
[Moved from Article 52-7; previous Article 52-8 moved to Article 52-9 <Feb. 4, 2020>]
| Article 52-9 (Effect of Mediation) |
| (1) | Where the parties to a dispute accept a proposed mediation pursuant to Article 52-6 (5), the mediation committee shall, without delay, 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 falling under paragraph (1), it shall be deemed that agreement with the same contents as those of the deed of mediation has been reached between the parties to a dispute. |
[This Article Newly Inserted on Dec. 18, 2012]
[Moved from Article 52-8; previous Article 52-9 moved to Article 52-10 <Feb. 4, 2020>]
| Article 52-10 (Appraisal of Defects) |
| (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 Defect Examination and Dispute Mediation Committee 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 on 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 on Dec. 18, 2012]
[Moved from Article 52-9 <Feb. 4, 2020>]
CHAPTER III BUILDING LEDGER OF SECTIONAL BUILDING
| Article 53 (Compilation of Building Ledger) |
| (1) | The 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. <Amended on Feb. 4, 2020> |
| (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 possession which belongs to the building. |
| (3) | One paper shall be used for one building, and one paper shall be used for every sectionalized building for of the section for exclusive possession. |
| (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 on Mar. 31, 2010]
| Article 54 (Matters to Be Registered in Building Ledger) |
| (1) | On the paper to indicate one building, the following matters shall be registered: <Amended on Mar. 23. 2013; Feb. 4, 2020> |
| 1. | Location and the lot number of one building; |
| 2. | Number of one building, if any; |
| 3. | Structure and area of one building; |
| 4. | Number of the section for exclusive possession which belongs to one building; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | On the paper to indicate the section for exclusive possession, the following matters shall be registered: <Amended on Mar. 23. 2013> |
| 1. | Number of section for exclusive possession; |
| 2. | Number of one building to which the section for exclusive possession belongs; |
| 3. | Type, structure, and size of the section for exclusive possession; |
| 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 falling under paragraph (2) 4, if the annex building is the one detached from that section for exclusive possession 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 possession. |
[This Article Wholly Amended on 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 on 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 and Management 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. <Amended on Jun. 3, 2014> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to a building which was not governed by this Act but becomes subject to 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 on Mar. 31, 2010]
| Article 57 (Application for Registration for Change in Building Ledgers) |
| (1) | If matters registered in the building ledger are changed, the owner shall file an application for registration of change within one month therefrom. |
| (2) | One or several persons among the owners of sections for exclusive possession may file an application for registration of change with respect to the matters to manifest one building and sections for common use, within the period under paragraph (1). |
| (3) | On the application document referred to in paragraphs (1) and (2), the matter sufficient to manifest the changed matters and one building shall be written, and the documents proving the change thereof shall be attached thereto, and where the location, structure, or size of a building is changed 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 changed to the purpose other than that provided for in Article 1-2 (1) 1. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 58 (Succession of Application Obligation) |
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 on Mar. 31, 2010]
| Article 59 (Ex Officio Investigation by Competent Authority) |
| (1) | The competent authority may, when it makes 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 regarding 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 or her status to persons concerned. |
[This Article Wholly Amended on 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 on Mar. 31, 2010]
| Article 61 Deleted. <Apr. 12, 2011> |
| Article 62 Deleted. <Apr. 12, 2011> |
| Article 63 Deleted. <Apr. 12, 2011> |
| Article 64 Deleted. <Apr. 12, 2011> |
CHAPTER IV PENALTY 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 or 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 on Mar. 31, 2010]
| Article 66 (Administrative Fines) |
| (1) | A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to undergo an audit under Article 26-2 (1) or (3) (including where said provisions shall apply mutatis mutandis under Article 52) or undergoes an audit by fraud; |
| 2. | A person who engages in any act falling under the subparagraphs of Article 26-2 (6) such as obstructing an audit, in violation of Article 26-2 (6) (including where said provisions shall apply mutatis mutandis under Article 52). |
>(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 28, 2023>
| 1. | A person who fails to report the results of an audit or files a false report, in violation of Article 26-2 (4) (including where said provisions shall apply mutatis mutandis under Article 52); |
| 1-2. | A person who fails to comply with an order to report or order to submit materials, in violation of Article 26-5 (1) (including where said provisions shall apply mutatis mutandis under Article 52); |
| 2. | A person who refuses to cooperate in, obstructs, or evades an investigation under Article 59 (1); |
| 3. | A person who fails to comply with a request to answer inquiries or to present documents under Article 59 (3), or who falsely responds to such request. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Mar. 28, 2023> |
| 1. | A person who fails to issue a notice, in violation of Article 9-3 (3); |
| 2. | A person who fails to convene a managing body's meeting, in violation of Article 9-3 (4); |
| 3. | A person who fails to file a report under Article 24 (6) (including where said provisions shall apply mutatis mutandis under Article 52); |
| 4. | A person who fails to file a report or files a false report, in violation of Article 26 (1) (including where said provisions shall apply mutatis mutandis under Article 52); |
| 4-2. | A person who fails to prepare books or evidential documents or files a false book or evidential document, in violation of Article 26 (2) (including where said provisions shall apply mutatis mutandis under Article 52); |
| 4-3. | A person who fails to comply with a request for perusal of reporting materials under Article 26 (1) or books or evidential documents under paragraph (2) of that Article or a request for issuance of the certified copies of them, without good cause, in violation of the latter part, with the exception of the subparagraphs, of Article 26 (3) (including where said provisions shall apply mutatis mutandis under Article 52) or who falsely complies with such request; |
| 5. | A person who fails to retain the regulations, minutes, or documents (including information recorded by electronic means), in violation of Article 30 (1), 39 (4), or 41 (4) (including where these provisions shall apply mutatis mutandis under Article 52); |
| 6. | A person who refuses a request for perusal of the regulations, minutes, or documents (including information recorded by electronic means) or a request for issuance of the certified copies of them, without good cause, in violation of Article 30 (3), 39 (4), or 41 (4) (including where said provisions shall apply mutatis mutandis under Article 52); |
| 7. | A person who fails to prepare minutes or fails to state matters which should be included in the minutes, or makes a false statement in the minutes, in violation of Article 39 (2) or (3) (including where said provisions shall apply mutatis mutandis under Article 52); |
| 8. | A person who is negligent in applying for registration under Article 56 (1), 57 (1), or 58. |
| (4) | Administrative fines prescribed in paragraphs (1) through (3) shall be imposed and collected by the competent authority (referring to the Mayor/Do Governor or the head of a Si/Gun/Gu in cases falling under paragraph (2) 1-2) as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Feb. 4, 2020]
ADDENDA <Act No. 3725, Apr. 10, 1984>
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 a 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 Co-Ownership)
| (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 (Relationship to Other Statutes or Regulations)
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 registration for change in 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.
ADDENDA <Act No. 16919, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Obligation of Notification of Persons Who Parcel Out Building)
The amended provisions of Article 9-3 shall begin to apply to properties parceled out after this Act enters into force. Article 3 (Applicability to Reporting of Appointment of Managers)
The amended provisions of Article 24 (6) (including where said provisions shall apply mutatis mutandis under Article 52) shall begin to apply to cases where an appointment of a manager is made after this Act enters into force. Article 4 (Applicability to Audits of Managers)
The amended provisions of Article 26-2 (including where said provisions shall apply mutatis mutandis under Article 52) shall begin to apply to the fiscal year that commence after this Act enters into force. Article 5 (Transitional Measures concerning Composition of Managing Committee)
Notwithstanding the amended provisions of Article 26-4 (2), the previous provisions shall apply to the members of a managing committee who hold office as at the time this Act enters into force during their remaining term of office, (including where said provisions shall apply mutatis mutandis under the amended provisions of Article 52).
ADDENDA <Act No. 19282, Mar. 28, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Manager's Preparation and Retention of Books)
The amended provisions (including where said provisions shall apply mutatis mutandis under Article 52) of Article 26 (2) and (3) (limited to the parts concerning paragraph (2)) shall begin to apply to the accounting for the month following the month in which the date this Act enters into force falls.