Partitioned ownership

Partitioned ownership (구분소유/區分所有) means that the ownership of a building is divided between two or more persons and each owns a part thereof. Those portions of the building and their appurtenances that are used in common are presumed to be under their co-ownership. Article 215 (1) of the Civil Act. It is an exception to the principle of one-thing-to-one-right in rem (일물일권주의/一物一權主義).

Key words
ownership, partition, aggregate building, portion of a building used in common, registration

Requirement
When a building is possessed by two or more persons, each portion of the building shall be independent structurally and functionally, and used exclusively. Also there is a portion used in common (공용부분/共用部分), which shall not be subject to the partitioned ownership.

Effect
Under the Civil Act, the portions of the building and their appurtenances that are used in common are presumed to be under the co-ownership. Article 215 (1). The expenses for the preservation and other charges relating to the portions used in common shall be divided in proportion to the value of the part owned by each. Article 215 (2). The said portions used in common shall not be subject to any demand for partition (분할청구/分割請求). Article 268.

Aggregate buildings
The building which belongs to partitioned possession is called an aggregate building (집합건물/集合建物) like apartments and multi-purpose office buildings. It is necessary to clarify the ownership, to protect each owner of such a partioned building, and to coordinate their interests.

To this end, the Act on the Ownership and Management of Aggregate Buildings (집합건물의 소유 및 관리에 관한 법률) was enacted in April 1985, and amended from time to time.

Registration
Pursuant to the Registration of Real Estate Act (부동산등기법/不動産登記法), the registration of an aggregate builing under partitioned ownership is regulated in a different manner from that of an ordinary building with respect to the format, items to be registered, registration procedure.