일본의 공동주택 일조부족에 대한 하자담보책임

In Korea, cases have arisen where home buyers have requested “defect liability” on an apartment with a lack of sunlight on the grounds of structural or environmental problems. In Japanese precedents related to the lack of sunlight as a “latent defect”, it was decided that sufficient sunlight itself affects an apartment’s negotiated price. Thus, landlords should guarantee advertised sufficient sunlight. It was concluded that the Japanese courts have taken a passive attitude on such liability, as they have not strictly enforced judgments and the Supreme Court as yet to clarify its position