KJCKorea
Journal Central

@article{ART001446918},
author={Youngh Jung},
title={The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={49},
pages={1-32}

TY - JOUR
AU - Youngh Jung
TI - The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -
JO - Public Land Law Review
PY - 2010
VL - 49
IS - null
PB - Korean Public Land Law Association
SP - 1
EP - 32
SN - 1226-251X
AB - As the large scale of apartment complex, which had constructed since 1980s, have been expanded those reconstruction or redevelopment projects, the litigations of Liability against Warranty of Apartment Houses have rapidly increased from middle of 1990s. According to the precedent rule of supreme court on the litigation of liability against warranty of the multiple apartment houses, “tenant representative committee” in ‘the Housing Act’ can claim only the maintenance for liability against warranties in apartment, but the owners of partitioned of apartment can claim the compensation for damage for warranty liability against defects of their apartment as well as it. when the starting point of reckoning to claim of maintenance for liability against warranties hereby would not make decision on acception in the court, the property rights of partitioned owners of apartment and tenant's residence human right may well be injured in due to the nullification of exclusion period. Thereof all judges in civil litigation shall earnestly obey the fiduciary duty of protection for human rights in consideration of the legislative objects and respective contents of both civil law and “the housing act” including “the aggregate building act” as well as constitutional law in the case of liability against warranty in house defects. In the end, if the judge would not take into consideration of the constitutional effect of relationship between respective individuals in civil litigations, those judgment may as well exclude in our legal system because of its unconstitutionality.
KW - 하자소송과 입주자대표회(litigation of liability against defects warranty);민사재판과 법관의 기본권보호의무(civil case and judge's fiduciary duty of protection for human right);기본권의 대사인적 효력(the validity of fundamental human rights between respective individuals);입주자대표회의 원고적격(Standing to sue of tenant representative)
DO -
UR -
ER -

Youngh Jung. (2010). The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -. Public Land Law Review, 49, 1-32.

Youngh Jung. 2010, "The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -", Public Land Law Review, vol.49, pp.1-32.

Youngh Jung "The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -" Public Land Law Review 49 pp.1-32 (2010) : 1.

Youngh Jung. The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -. 2010; 49 1-32.

Youngh Jung. "The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -" Public Land Law Review 49(2010) : 1-32.

Youngh Jung. The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -. Public Land Law Review, 49, 1-32.

Youngh Jung. The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -. Public Land Law Review. 2010; 49 1-32.

Youngh Jung. The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -. 2010; 49 1-32.

Youngh Jung. "The Constitutional Review on Liability Doctrine against Warranty of Apartment Houses in Construction Legislative Acts - Critics on Supreme Court's standing rule of tenant representative -" Public Land Law Review 49(2010) : 1-32.