지역조합 사업주체의 권한과 책임

다국어 초록 (Multilingual Abstract)

The apartment through housing act is in principle constructed and provided to the people by independent developer who is registered housing developer. The exceptional case is a housing association system. Especially, the local housing association project is done by local housing association and registered housing developer. Although local housing association project is quite different from ordinary housing construction project as regards the housing supply and responsibility of registered housing developer, legal regulation is not enough.
A member of local housing association is supplied with Apartment and selected without limit of opportunity of housing supply at the stage of buying land. Therefore, registered housing developer can get early a lot of benefit at the rasing funds stage. Because of these benefits recently abnormal local housing association projects appear frequently. In the local housing association project, the registered housing developer obtains the position of both joint developer and an builder. A member of the local housing association is in the position supplied the housing and the member of developer who is unlimited responsible for the failure and success of the project.
When there is a limping because of complication between the local housing association and the registered housing developer, there are few legal methods to solve the complication.
Therefore, it is difficult to find the method to solve the problem of disadvantage of delaying the project. In order to overcome this problem, many other difficult problems such as distinction between operation and development, corporation and association, collective responsibility for development should be solved. Due to position of the developermember, the member must charge the several disadvantages about the project. Because of the characters of the association, a member possesses the responsibility and the duty of about exclusive possession part. Therefore, the member has the direct relationship with the registered housing developer and the administration.
The housing act provides privileged position which can construct many apartments with the developer. And the housing act includes the specified rule about the process that provides the apartment to the people. The housing supply can be frustrated or delayed. For this case, there is a rule that prevent the legal position of the people who are given the housing supply. And this is a premise for the stable management of the housing act.
Especially, the local housing association project or the private housing construction project are responsible for enforcing the business. After beginning the project, unless there happens inevitable event, the developer can not stop the project in principle.
In the case of interruping the project enforcement or bankruptcy, people can be damaged unexpectedly. Therefore, when on e developer bankrupts in the business of joint business propriety, another developer can demand the compensation for damage and enforce the project. In that case, the registered housing developer can not stop enforcement based on plea of civil law.

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