공동주택의 하자담보책임- 판례를 중심으로 -

Abstract

Nowadays, multi-family houses such as apartments consist of large percentage of the types of housing. Disputes on the building defects in multi-family houses are increasing while multi-family houses become a universal housing measure. So, it is deemed necessary to protect dwellers of multi-family houses against the building defects. Civil Code, Act on Ownership & Management of Aggregate Buildings and Housing Act prescribes defects liability. The Civil Code provides contractor's liability for the building defects in Article 667-672 and seller's one in Article 579-584. The Act on Ownership & Management of Aggregate Buildings provides defects liability of supplier of aggregate buildings in Article 9. The Act on Ownership & Management of Aggregate Buildings applies to aggregate buildings prior over the Civil Code. The Housing Act provides defects liability of supplier and builder of multi-family houses in Article 46. The Housing Act applies to defects liability of multi-family houses prior over the Act on Ownership & Management of Aggregate Buildings by Housing Act Article 46 and Act on Ownership & Management of Aggregate Buildings's supplementary provision Article 6. So, Housing Act Article 46 and its enforcement regulation should be legal basis on the liability for the building defects in multi-family houses. Housing Act Article 46 and its enforcement regulation provides that supplier and builder of multi-family houses has liability for removal of defects and damages. Also, supplier and builder of multi-family houses is required to deposit guarantee security in cash or surety bond to correct defects. The period of defects liability is prescribed according to parts of multi-family houses and types of construction work. The period of liability for removal of defects on the durable structure such as a pillar or a girder is within 5 years or 10 years according to parts of the durable structure, and the scope of defects on the durable structure is limited only to the case that multi-family houses collapsed or may be collapsing. The period of defects liability on the other parts of multi-family houses is within 1 year to 4 years according to types of construction work.