집합건물의 하자 및 등기와 관련한 법적 문제

Abstract

Social system is not something that is being newly developed but is a system which has evolved along with the history of mankind, a thorough examination of past problems can lead to a future legal system that is more rational and accords with substantial justice. In general, the contract for the sale of an aggregate building may be said to be a combination of the sale contract for assignment of the separate ownership of the aggregate building to be subsequently completed and the construction contract for completion of the said aggregate building. Thus, the contract for the sale of an aggregate building has the nature of both a sale contract and a construction contract. Therefore, Housing Act or Article 9 of 'the Act on the Ownership and Management of Aggregate Buildings'(hereinafter referred to as "Act") provides that the provisions regarding the contractor′s warranty liability set forth in Articles 667 through 671 of the Civil Code shall apply mutatis mutandis to the warranty liability of the seller of aggregate buildings for the purpose of protecting purchasers thereof or otherwise. Accordingly, purchasers should be entitled to request repair and replacement under the warranty clause or dissolution of the contract, claim damages or reduction of payment, etc. against the seller, on account of any defect of relevant aggregate building, pursuant to Articles 667 through 671 of the Civil Code, which Article 9 of the Act provides are applicable mutatis mutandis to the warranty liability under the Act or Housing Act. A thorough examination of present legal problems connected with aggregate buildings can lead to a future legal system that is more rational and accords with substantial justice. The civil law and the real-estate registration law were newly enforced on January 1, 1960 and have been in force. In particular, the registration system is a legal system whereby the current real estate owners are made public. The ideal pursued by the registration system is the precision of rights alteration, which in turn is the source of its problem. In particular, under our legal system where any change of real right requires strict conditions for registration, it seems to be an almost consensus to attach public reliability to registration if conditions are mature, in consideration of the ideal aspect that safety of the real estate transactions should be ensured by announcement of the state of true rights.