집합건물법에 따른 매도청구권 행사와 매매 시가의 기준 - 대법원 1996. 1. 23. 선고 95다38172 판결 -

초록

According to a 2023 housing survey conducted by the korean Ministry of Land, Infrastructure and Transport, 52.4% of the population lives in apartments. Furthermore, 63.8% of the population lives in multi-family housing. These housing characteristics have made disputes inevitable. In particular, discussions and disputes surrounding reconstruction have long been a significant topic in our society. Multi-family housing began to be intensively constructed in the late 1970s. Because the construction methods and quality of building materials at the time were inferior to those of today, reconstruction is now unavoidable. While various disputes have been reported regarding reconstruction, the dispute concerning Article 48 of korean Act on ownership and management of condominium buildings provides an opportunity to reflect on the meaning and limitations of private autonomy. The Supreme Court Decision 95Da38172 can also be evaluated in the same context. In this paper the Supreme Court Decision 95Da38172 is introduced and analyzed. In particular, the functional significance of the right to demand sale was confirmed, and its constitutionality was examined. Furthermore, the validity of the criteria proposed by the Supreme Court for calculating market value was analyzed. Japanese case law was also introduced. It was confirmed that the right to demand for sale under Article 63 of japanese Act on Building Unit Ownership is a method for ensuring a good and safe living environment, effectively utilizing the land, and protecting the property rights of the majority of unit owners, while also minimizing damage to the property rights of unit owners who are evicted during the process of calculating market value.

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