주택분양보증에 관한 연구 -주택분양보증인의 책임에 관한 판례를 중심으로-

Abstract

This treatise deals with the legal problems in regard to warranty on a house(particularly for apartment) for sale in lots in Korea. Warranty on a house for sale in lots is a kind of a third-party contract subject to conditions. In case the conditions are met by a construction company being in bankruptcy, the house-buyers can exercise their contractual rights to a house for sale in lots according to the contract after expressing their intention, and this would become a kind of responsibility for the fulfillment of obligation in a position of guarantor. A guarantor should fulfill his responsibility for either refunding down payment and mid-installment money or completing house construction to house-buyers on an apartment. It is questionable that a guarantor must refund in case the house-buyers have payed in advance also. Most cases say a guarantor must refund an amount of money equivalent to down payment and a mid-installment in such case. It is questionable whether a guarantor should take responsibility of surety, even if a creditor who has credit on a construction company buys his house for sale in lots from the company with his credit as a payment in substitutes. A guarantor is responsible for the defects of the house for sale in lots. The blemish must be occurred before a house-inspection for use. It is questionable whether a guarantor is responsible for the delay of the house-construction in case the guarantor completes the construction of the house in his own way. I think that a guarantor is not responsible for the delay in constructing house built by the former construction company, but responsible for the delay of the house-construction when he acts on his own responsibility.