집합건물법상 하자담보책임규정의 개정 필요성과 그 성과

Condominium Act Reform 2013 on the Defect Liability

The Korean Act on the Ownership and Management of Aggregate Buildings(hereafter Condominium Act‘) was enacted in 1984, when the severe housing shortage and the urban sprawl that occurred following a series of economic developments during the 1970s created a “need for ‘more efficient use of land through high rise multi-family dwellings located in those areas where facilities for employment, education, recreation, and public services already exist.” In addition, there was national interest in providing more affordable housing for a larger number of people. Americans, in common with most people, preferred to own their own homes, rather than rent, and to own a home in an area that might be financially out of their reach if they attempted to purchase a single-family dwelling. Scarcity of land within commuting distance of large urban centers, the high cost of real estate, and a growing elderly population further increased the popularity of the type of condominium. The law of condominium developed rapidly in the United States following the passage of two important pieces of legislation. One is of course the Condominium Act as private law, which legally recognized the condominium concept of real property ownership. The other is the Housing Act(originally Public Housing Act in 1963) as public law that would raise public housing funds and regulate the by-the-funds-financed aggregate constructions through the dwellers duties of reasonable maintenances, etc. To the public law regulations belongs the dweller s right to against construction defects, the scope of which is much more limited in comparison with ordinary (private law) remedies. In the meantime, writers and courts have tried to minimize the discrepancy between the two systems of remedies, only to reach an unsatisfied result. Hence, the law reform at this time. The article explains the background, process and content of the reform of Condominium Act 2013, and pronounces on the new act concerning several issues such as the parties, the conditions, legal nature and the limitations of claims.