共同住宅의 瑕疵와 관련한 民事責任

The Civil Liability on the Defect of Apartment Housing

In general, the contract for the sale of Apartment Housing may be said to be a combination of the sale contract for assignment of the separate ownership of the aggregate building to be subsequently completed and the construction contract for completion of the said aggregate building. Thus, the contract for the sale of Apartment Housing has the nature of both a sale contract and a construction contract. Therefore, Housing Act provides that the provisions regarding the contractor′s warranty liability shall apply mutatis mutandis to the warranty liability of the seller of Apartment Housing for the purpose of protecting purchasers. Accordingly, purchasers should be entitled to request repair and replacement under the warranty clause or dissolution of the contract, claim damages or reduction of payment, etc.