공동주택 분양회사의 층간소음에 대한 담보책임

Abstract

As the rate of residence in apartment houses is increasing, floor impact sound between floors is getting serious problems. In this thesis What I handle in this paper is how to protect vendee and apartment dwellers from floor impact sound caused by flaws of apartment itself. Firstly, our standards of floor impact sound level is higher than European countries and one of the main causes of it is deficiency of blocking materials according to the analysis of the central committee of regulation of environment. So It is needed to set new regulations of floor impact sound level based on our situations and through repair work it could be reduced within the limits of endurance. Secondly, contracts of the sale in apartments is a mixed contract combined contract of sale with contract for construction work, so the rules of the Seller`s Liability for Warranty and Contractors’ Liability can be applied. Thirdly, the concept of Defects on the apartment for floor impact sound is not only on the basis of specified or implied contracts but also when there is violation on the acts of architecture or generally-accepted idea in the society for residence. Fourthly, the defects liability is consist of demanding fixing of defects, indemnification for damage or fixing of defects with compensation. Lastly, with the problem of standing to sue, resident representative meeting and an apartment conservancy should have the right to demand or sue for the defects liability. For the comfortable residential environment, it is needed to set new standards for reducing floor impact sound and assign the standing to sue to resident representative meeting and an apartment conservancy.