ACT ON OWNERSHIP AND MANAGEMENT OF CONDOMINIUM BUILDINGS

영문법령 불러오는 중…

ACT ON OWNERSHIP AND MANAGEMENT OF CONDOMINIUM BUILDINGS — 법갈피

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:

1. Design overview;

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 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 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>

1. Information likely to infringe on the privacy or freedom of individuals, such as personally identifiable information under Article 24 of the Personal Information Protection Act;

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.

(4) Paragraphs (1) through (3) shall not apply to multi-family housing and rental housing subject to compulsory management under the Multi-Family Housing Management Act and to a superstore or quasi-superstore having the manager of a superstore, etc. who file a report under the Distribution Industry Development Act. <Newly Inserted on Mar. 28, 2023>

(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]

Article 26-2(Audit) #

(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.

(7) Paragraphs (1) through (6) shall not apply to multi-family housing and rental housing subject to compulsory management under the Multi-Family Housing Management Act, and to a superstore or quasi-superstore having a manager of the superstore or quasi-superstore reported pursuant to the Distribution Industry Development Act.

[This Article Newly Inserted on Feb. 4, 2020]

[Previous Article 26-2 moved to Article 26-3 <Feb. 4, 2020>]

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 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]

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 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 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]

ACT ON OWNERSHIP AND MANAGEMENT OF CONDOMINIUM BUILDINGS

Article 1(Sectional Ownership of Building) #

Article 1-2(Sectional Ownership of Commercial Building) #

Article 2(Definitions) #

Article 2-2(Relationship to Other Statutes) #

Article 3(Sections for Common Use) #

Article 4(Site for Building according to Regulations) #

Article 5(Rights and Obligations of Sectional Owners) #

Article 6(Presumption of Defect in Construction or Maintenance of Building) #

Article 7(Claim to Sell Sectional Ownership) #

Article 8(Prohibition of Claim for Partition by Co-Owner of Site) #

Article 9(Warranty Liability) #

Article 9-2(Duration of Warranty Liability) #

Article 9-3(Management Obligations of Persons who Parcel out Building) #

Article 10(Vesting of Sections for Common Use) #

Article 11(Co-Owner’s Entitlement to Use) #

Article 12(Co-Owner's Right of Share) #

Article 13(Indivisibility of Shares to Sections for Exclusive Possession and Sections for Common Use) #

Article 14(Management of Section for Partial Common Use) #

Article 15(Change of Section for Common Use) #

Article 15-2(Change of Section for Common Use with Change of Rights) #

Article 16(Management of Sections for Common Use) #

Article 17(Cost-Bearing for and Profit-Making from Sections for Common Use) #

Article 17-2(Repair Reserves) #

Article 18(Effect of Claim Incurred in relation to Section for Common Use) #

Article 19(Application Mutatis Mutandis of Provisions Governing Sections for Common Use) #

Article 20(Indivisibility of Section for Exclusive Possession and Right to Use Site) #

Article 21(Ratio of Right to Use Site according to Disposal of Section for Exclusive Possession) #

Article 22(Exclusion from Application of Article 267 of the Civil Act) #

Article 23(Obligatory Establishment of Managing Body) #

Article 23-2(Obligations of Managing Body) #

Article 24(Appointment of Manager) #

Article 24-2(Appointment of Ad Hoc Managers) #

Article 25(Authority and Obligations of Manager) #

Article 26(Manager’s Obligation to Report) #

Article 26-2(Audit) #

Article 26-3(Establishment and Function of Managing Committee) #

Article 26-4(Composition and Operation of Managing Committee) #

Article 26-5(Supervision over Management of Condominium Buildings) #

Article 27(Sectional Owners' Responsibilities for Obligations of Managing Body) #

Article 28(Regulations) #

Article 29(Establishment, Amendments, and Repeal of Regulations) #

Article 30(Retention and Perusal of Regulations) #

Article 31(Power of Meetings) #

Article 32(Regular Meetings of Managing Body) #

Article 33(Ad hoc Meetings of Managing Body) #

Article 34(Notice on Convocation of Meetings) #

Article 35(Omission of Convocation Procedures) #

Article 36(Resolutions) #

Article 37(Voting Rights) #

Article 38(Method of Resolution) #

Article 39(Chairperson and Minutes) #

Article 40(Occupier’s Right to State Opinion) #

Article 41(Adoption of Resolutions in Writing or by Electronic Means) #

Article 42(Effect of Regulations and Resolution at Managing Body's Meetings) #

Article 42-2(Lawsuits for Cancellation of Resolution) #

Article 43(Request to Suspend Acts Contrary to Common Interests) #

Article 44(Request for Prohibition of Use) #

Article 45(Auction of Sectional Ownership) #

Article 46(Request for Transfer against Occupiers of Section for Exclusive Possession) #

Article 47(Resolution for Re-Building) #

Article 48(Demand for Sale of Sectional Ownership) #

Article 49(Agreement on Re-building) #

Article 50(Restoration in Case of Partial Destruction of Building) #

Article 51(Managing Body of Aggregate Housing Area) #

Article 52(Application Mutatis Mutandis to Aggregate Housing Area) #

Article 52-2(Condominium Building Dispute Mediation Committees) #

Article 52-3(Composition and Operation of Mediation Committees) #

Article 52-4(Exclusion of Members) #

Article 52-5(Applications or Notifications for Dispute Mediation) #

Article 52-6(Procedures of Mediation) #

Article 52-7(Request for Appearance and Submission of Materials) #

Article 52-8(Suspension of Mediation) #

Article 52-9(Effect of Mediation) #

Article 52-10(Appraisal of Defects) #

Article 53(Compilation of Building Ledger) #

Article 54(Matters to Be Registered in Building Ledger) #

Article 55(Registration Procedures of Building Ledgers) #

Article 56(Application of New Registration of Building Ledgers) #

Article 57(Application for Registration for Change in Building Ledgers) #