공동주택의 분양에 관한 판례경향의 비판적 고찰

Abstract

The supply amount of condominiums in the western Europe and America mostly is because of double or triple complex. But Korea had met with much obstacles about mass supply of condominium so that the developers had poor fund power and project financing which banks invest money according to the prospect of success possibility of construct project had not been yet developed. In 1970;s when government provided apartment on a full scale for settlement of housing deficiency, pre-sale in lots system was introduced for the purpose that resolve the of fulfillment trouble of fund and mass supply of condominium. Developers contract with customers before condominiums are completed and build condominiums with the money which customers borrowed from bank and pay to developer in pre-sale in lots system. In the point that the name of act about housing policy at that time was the Housing Construction Promotion Act, we can understand the background that the pre-sale in lots system had developed at that time when the aim of housing policy was mass house supply. Though in pre-sale in lots, customers have to bear loan rate instead of developers' burden of high rate PF loan, customers accepted the system without excessive oppositions because the sale price in lots were lower than inventory price by connected with the top limit system of sale price in lots. The pre-sale in lots fundamentally, however, resulted in much disputes relating to sale in lots of condominium otherwise the western Europe, because the system contain imperfect transaction structure in which incomplete goods are sold. In consequence, the system should be supported by many legal systems and precedents for protecting customers. Like review previously, the precedents relating to pre-sale of condominium were negative. Legal system for protecting customers had been recognized only as unnecessary regulations against promotion policy of large condominium supply or market liberty. The court also considered disputes relating to sale in lots of condominium as investment failure which customers have to dare to. The change of precedents into inclination protecting customers appearing in 2000's are significant, but is so insufficient, yet. This is the cause of continuing to happen in disputes and lawsuits relating to sale in lots. For the view of this, the more systematic and synthetic development of customers protect system and precedent is needed.