공동주택 분양자의 층간소음에 대한 하자담보책임

Abstract

Today, Multi-family Houses such as Apartment consist of large Percentageof Types of Housing in Korea. Disputes about the Building's Defects onthe Multi-family Houses are increasing while Mutli-family Houses becomean universal Housing Type and the Right of Dwellers has been extendedand generalized. Above all things, currently the Interlayer Nosie betweenFloors and Walls is getting serious Problems in those Matters. The legalDispute about Interlayer Noise can be occurred by the Builders, who builtMulti-family Houses with lack of Attention for Dweller's Tranquility. Insuch a Case, that Builder will be burden Responsibility by the Defect Liabilityis reasonable. The Law relating to the Defects Liability on Multi-family Houses andProtection of Dweller's Right, there are Civil Law, Act on Ownership andManagement of Aggregate Buildings, Housing Act and Framework Act onthe Construction Industry. But According to these Laws, Concerning severalIssues such as the Parties, the Conditions, Legal Nature and the Limitationsof Claims are different. Therefore, it couldn't resolve the legal Disputesconcerning Interlayer Noises clearly and systematic. Furthermore, in 2005amended Act on Ownership and Management of Aggregate Buildings andHousing Act had intensified these Problems such as the Problem of DualControl System of the Multi-family Houses. From these Reasons in 2012Act on Ownership and Management of Aggregate Buildings and HousingAct have been revised and renew applied. This Article has an Intention ofthe Protection of Dweller's Right and explains the Process and Contents ofthe Reform of these Laws, when Interlayer Noise has occurred through the Builder's Fault and Negligence.