집합건물에 대한 담보책임

Abstract

According to Article 9 in Act on Ownership and Management of Condominium Buildings(hereinafter Act on Condominium Buildings), person who parcels out a building and constructor should bear the liability of repairing defect or compensation, based on the regulation of contractee’s liability for warranty in Civil Law. Compared to the fact that liability for warranty originally occurs between the contractor and contractee, it clearly shows that the article is to protect the owner who bought the condominium building. Especially, it allows owner to easily exercise his or her right by making the constructor, who did not have contractual relation to sectional owner, responsible for warranty. On the other hand, in the case of condominium which is for multi-family housing, Multi-Family Housing Management Act is applied to it. In this case, liability for warranty to defect can be asked. Although liability for warranty in Multi-Family Housing Management Act is very similar to the regulation in Act on Condominium Buildings, Multi-Family Housing Management Act allows more convenient and active management to defect of condominium by approving ‘managing body commences’ in Act on Condominium Buildings or ‘council of occupants’ representatives’ to have the right to claim repairing of defect. Nevertheless, the Act limits the right to claim payment for defect but admits the claim for deposit of repairing defect, which is different from liability for warranty of defect regulated in Act on Condominium Buildings. Statutes such as Multi-Family Management Housing Act, Framework Act on the Construction Industry, and Act on Contracts to which the State is a Party also regulates the contractee’s liability for warranty. The regulations are generally similar to each other, however, since they are different in specific details, confusion can be occurred when applied. Therefore, this thesis examines the liability for warranty in the Act on Condominium Buildings and the relations between different responsibilities by comparing the different liabilities for warranty regulated in other acts such as Multi-Family Management Housing Act. It was concluded that regulation system relevant to the liability for warranty of condominium that is multi-family housing is very confusing. Thus, the way to integrate different responsibilities and regulate the liability for warranty is suggested in the thesis.