공동주택의 입주자대표회의의 법적지위- 하자담보추급권의 행사가능성 여부와 관련하여 -

Abstract

These days, Aggregate residential buildings and collective residential buildings such as apartments consist of large percentage of the types of housing that exist in Korea. Since aggregate residential buildings and collective residential buildings are similar and partially overlap with one another, many questions have been raised as to whether administration of such properties are governed under the Housing Act or the Ownership and Management of Aggregate Residential Building Act. The Housing Act has provisions governing warranty and repairs against structural defects to be provided for by the company that constructed the residential building, but this Act has no provisions concerning the warranty for structural defects that the Committee of dwellers representatives dominion over. Therefore, to secure effectiveness on warranty for structural defects of the Aggregate residential building, I'd investigate about legal position of the Committee of dwellers representatives, and criticize attitude of recent precedent.