A right of claim for sale from the Perspective of Minority Interests and Equity : Focused on Reconstruction Projects under the Act on Ownership and Management of Condominium Buildings

Although the Constitutional Court has rendered decisions affirming the constitutionality of the right of claim for sale under Article 48 of the Act on Ownership and Management of Condominium Buildings, a review based on the nature of the system and constitutional standards for assessing infringements of property rights suggests that such rulings have placed excessive emphasis on the public purpose of improving residential environments, while failing to sufficiently consider the forced deprivation of private property rights. In particular, the circumstances of non-participating individuals in the reconstruction process—especially those belonging to socially marginalized or minority groups—were not sufficiently taken into account. Today, reconstruction projects seek to realize the public interest by securing collective benefits for the majority. However, buildings governed by the Act on Ownership and Management of Condominium Buildings—due to their nature as entities within the realm of private law—require a balanced approach that preserves their inherent limitations and legal value, without allowing these to be undermined in pursuit of public goals. Accordingly, since sectional ownership cannot be fundamentally distinguished from general ownership, it is necessary to establish safeguards that ensure the proprietary nature of sectional ownership is preserved during the exercise of the right of claim for sale under the Act on Ownership and Management of Condominium Buildings, rather than allowing such exercise to proceed without restraint. A determination of constitutionality by the Constitutional Court does not necessarily imply that the relevant law represents the optimal legal standard. In this regard, the classical thesis of reconstruction projects—centered on improving residential environments—should evolve to reflect a growing recognition of housing as a space shaped by individual preferences and lifestyles. This shift in perception may serve as a catalyst for reexamining the role of the right of claim for sale under a new perspective.