집합건물법상 하자담보택임규정의 개정 필요성과 그 성과
Condominium Act Reform 2013 on the Defect Liability
이준형(한양대학교)
64권, 87~143쪽
초록
The Korean Act on the Ownership and Management of AggregateBuildings(hereafter 'Condominium Act‘) was enacted in 1984, when thesevere housing shortage and the urban sprawl that occurred following aseries of economic developments during the 1970s created a “need for‘more efficient use of land through high rise multi-family dwellings locatedin those areas where facilities for employment, education, recreation, andpublic services already exist.” In addition, there was national interest inproviding more affordable housing for a larger number of people. Americans, in common with most people, preferred to own their ownhomes, rather than rent, and to own a home in an area that might befinancially out of their reach if they attempted to purchase a single-familydwelling. Scarcity of land within commuting distance of large urbancenters, the high cost of real estate, and a growing elderly populationfurther increased the popularity of the type of condominium. The law of condominium developed rapidly in the United Statesfollowing the passage of two important pieces of legislation. One is ofcourse the Condominium Act as private law, which legally recognized thecondominium concept of real property ownership. The other is the HousingAct(originally Public Housing Act in 1963) as public law that would raisepublic housing funds and regulate the by-the-funds-financed aggregateconstructions through the dwellers' duties of reasonable maintenances, etc. To the public law regulations belongs the dweller's right to againstconstruction defects, the scope of which is much more limited incomparison with ordinary (private law) remedies. In the meantime, writersand courts have tried to minimize the discrepancy between the twosystems of remedies, only to reach an unsatisfied result. Hence, the lawreform at this time. The article explains the background, process and content of the reformof Condominium Act 2013, and pronounces on the new act concerningseveral issues such as the parties, the conditions, legal nature and thelimitations of claims.
Abstract
The Korean Act on the Ownership and Management of AggregateBuildings(hereafter 'Condominium Act‘) was enacted in 1984, when thesevere housing shortage and the urban sprawl that occurred following aseries of economic developments during the 1970s created a “need for‘more efficient use of land through high rise multi-family dwellings locatedin those areas where facilities for employment, education, recreation, andpublic services already exist.” In addition, there was national interest inproviding more affordable housing for a larger number of people. Americans, in common with most people, preferred to own their ownhomes, rather than rent, and to own a home in an area that might befinancially out of their reach if they attempted to purchase a single-familydwelling. Scarcity of land within commuting distance of large urbancenters, the high cost of real estate, and a growing elderly populationfurther increased the popularity of the type of condominium. The law of condominium developed rapidly in the United Statesfollowing the passage of two important pieces of legislation. One is ofcourse the Condominium Act as private law, which legally recognized thecondominium concept of real property ownership. The other is the HousingAct(originally Public Housing Act in 1963) as public law that would raisepublic housing funds and regulate the by-the-funds-financed aggregateconstructions through the dwellers' duties of reasonable maintenances, etc. To the public law regulations belongs the dweller's right to againstconstruction defects, the scope of which is much more limited incomparison with ordinary (private law) remedies. In the meantime, writersand courts have tried to minimize the discrepancy between the twosystems of remedies, only to reach an unsatisfied result. Hence, the lawreform at this time. The article explains the background, process and content of the reformof Condominium Act 2013, and pronounces on the new act concerningseveral issues such as the parties, the conditions, legal nature and thelimitations of claims.
- 발행기관:
- 한국민사법학회
- 분류:
- 법학