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A Study in the Systemized Consistency of the Warranty Liability for Defects in the Multi-Family Housing Management Act and Act on Ownershup and Management of Condominium Buildings

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 91(), pp.111-135
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2020
  • Accepted : August 21, 2020
  • Published : August 27, 2020

Hong, Sung-Jin 1

1대한건설정책연구원

Accredited

ABSTRACT

The Multi-Family Housing Management Act and the Act on Ownership and Management of Condominium Buildings enacted as a measure to protect the rights of defects in buildings, have continued to revise the law in different contents on the grounds of "protection of occupants, etc." while regulating the liability for defects in each statute. In the case of the court, the dispute over warranty liability for defects was judged mainly by criterion of judicial review. As a result, business entities-constructor-occupant has been caused problems in terms the principle of system legitimacy of legislative, the principle of protection of legitimate expectation of occupants, and the principle of proportionality of the contractor for warranty liability for defects. It is necessary to interpret that the Multi-Family Housing Management Act applies to the multi-family housing subject to compulsory management, and the Act on Ownership and Management of Condominium Building applies to the management of other buildings. In addition, in order to protect occupant‘s protection of legitimate expectation and constructor’s proportionality, Act on Ownership and Management of Condominium Buildings have to introduce the system security deposit for repairing defects of "Multi-Family Housing Management Act" and Multy-Family Housing Management Act shall regulate the constructor to be liable for damages only if there is a reason, such as the insolvency under the “Act on Ownership and Management of Condominium Buildings”. Furthermore, for judicial control, the legal nature of the “Criteria for Investigating Defects in Multy-Family Housing, Calculating Repair Costs, and Determining Defects” should be recognized.

Citation status

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