입주자대표회의의 계약체결권에 관한 연구 - 대법원 판례를 중심으로 -

With the rapid spread of mass housing, such apartment, in the housing culture, many disputes over the management of mass housing have been occurred in our society. The first emerging issue regarding the management of mass housing was the residents' opposition to unilateral operation of mass housing by developers or managements selected by such developers with the residents' intention excluded. Corruption and irregularity frequently occur since most of apartment complexes conclude all matters through their own audit process due to the residents' indifference to the management of mass housing, moral hazard of a representative association for residents, and management system assigned to resident autonomy. Above all, the management of mass housing must be improved in the direction of respecting individual resident's intention. In order to achieve it, a representative association for residents should not be operated for its own benefit, but should be operated in the direction of respecting the collective opinions of residents and realizing them. While the role of government has put an emphasis on management rather then construction, it is time for government to put an emphasis on management rather than construction. Because the management of housing is a public service for promoting national people's residence benefit, it should not be conclude as a clumsy logic of efficiency or moderate temporary expedient, but requires a forward-looking and innovative change of awareness.