주택분양보증계약에 의한 분양이행시의 법적 문제 - 주택분양보증약관 및 부속서류를 참고하여 -

Housing sale guarantee is one of the requirements that the business entity has to prepare for applying for approval of tenant recruitment. Therefore, the business entity must conclude a housing sale guarantee contract with Korea Housing & Urban Guarantee Corporation(HUG) to make a preliminary sale. In the event of a guarantee accident HUG shall either fulfill the housing either by fulfilling the housing or refunding the down payment and the mid-way amount for the sale agent who has received the sale of the housing based on the housing sale guarantee contract. In case of fulfillment of sale, because HUG is not a party to a sales contract, it will face multiple failure situations. In order to overcome such a failure situation, HUG creates and uses various attached documents together with the housing sale guarantee agreement. As a result of consideration of the housing sale guarantee contract and the attached document, HUG uses the housing selling guarantee condition and attached documents as a legal basis to obtain necessary cooperation from business entities and constructors. However, the housing sale guarantee conditions have provisions to seek cooperation from the sale contractor, but there is no provision that can request cooperation of the business entity necessary for fulfilling sale guarantee. Therefore, a provision that can request the cooperation necessary for the business entity in the housing sale guarantee condition should be established.