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Legal Problems of Warranty against Defects in Aggregate Residential Building

  • DONG-A LAW REVIEW
  • 2009, (43), pp.243-267
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

WOOJOO BYUN 1

1경남대학교

Candidate

ABSTRACT

The Aggregate residential buildings and collective residential buildings such as apartments consist of large percentage of the types of housing that exist in Korea. Since aggregate residential buildings and collective residential buildings are similar and partially overlap with one another, many questions have been raised as to whether administration of such properties are governed under the Housing Act or the Ownership and Management of Aggregate Residential Building Act. So this study presented the present situation and Legal Problems of warranty against defects in Aggregate residential building under the Act on The Ownership and Management of Aggregate buildings and the Housing Act. The Housing Act has provisions governing warranty and repairs against structural defects to be provided for by the company that constructed the residential building, but this Act has no provisions concerning the warranty for structural defects that the Committee of dwellers representatives dominion over. Therefore, to secure effectiveness on warranty for structural defects of the Aggregate residential building, I'd investigate about legal position of the Committee of dwellers representatives, and criticize attitude of recent precedent. Also, depending on a judicial precedent, It is necessary to amend the housing act to achieve harmony with the Civil Law.

Citation status

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