공동주택 하자담보책임기간에 대한 연구- 집합건물법과 주택법 법규를 중심으로 -

Abstract

The terms of warranty liability of an apartment dwelling which is a condominium buildingregulated by the Act on Ownership and management of Condominium Buildings and theHousing Act differ from each other. The terms stipulated in the Housing Act are shorter comparedto the one in the Act on Ownership and management of Condominium Buildings. The former Housing Act was hugely controversial as the act was expressly enacted toapply only the regulations of the Housing Act with respect to the term of warranty liability ofan apartment house and to exclude the regulations of the Act on Ownership and managementof Condominium Buildings. Even though they are both condominium buildings, the regulations of the Housing Actresult in applying short terms of warranty liability to apartment dwellings, whereas the regulationsof the AOMC are applied to other condominiums which are non-apartment dwellings. The individual owners of non-apartment dwellings deserve equal protection for their residence,but currently they suffer a disadvantage in terms of warranty liability compared to the individualproperty owners of non-residential commercial buildings. In addition, the AOMC was condemned as being unrealistic in real life as the terms ofthe warranty liability of contractors in civil law were applied uniformly despite differences in thedetailed construction of facilities. Due to the former reasons, the AOMC was revised on December 18, 2012, to deal withsame of the problems, but there are still a number of problems to be worked out. The purposeof this study is to acknowledge and alleviate the aforementioned problems.