2013. 6. 19. 이후 분양된 아파트의 하자보수 및 담보책임에 관한 연구 = Studies on Defect Repairs and Warranty Liabilities of Apartments Parcelled out since 19. June 2013

다국어 초록 (Multilingual Abstract)

On Dec. 18. 2012, the National Assembly amended Laws about the Ownership and Management of Aggregate Building to reasonably improve/maintain the guarantee responsibility regulations against aggregate building defect, which have caused an interpretative problem in relation to the Housing Act. Since Apr. 10. 1984, on which Laws about the Ownership and Management of Aggregate Building was established, the regulations regarding the term of warranty liability have been criticized a lot. Therefore, such regulations including the establishment of content that a builder can be an opposite party for the warranty liability could be amended for the first time. Through this article, the author introduces the main issues for the amended or newly-established provisions, as well as provides the explanations for them. In addition, the author summarizes the predicted controversial issues when considering the applications of the amended act. Because Laws about the Ownership and Management of Aggregate Building was enforced on Jun. 19. 2013, and also applied to the building parcelled only after that day, the conflicts caused by the applications of such an act do not lead to a suit at present. Therefore, we first need to examine the reason why Laws about the Ownership and Management of Aggregate Building couldn't be amended as above or the establishment process of basic act, which are associated with the claim suit for defect relationship. Next, while explaining the main issues for the amended or newly-established provisions, the author discusses whether the existing act can be maintained when interpreting Laws about the Ownership and Management of Aggregate Building, as well as whether the existing act might be modified according to the amendment of act.