부동산거래관계에서 건물의 하자에 대한 시공자 등의 매수인에 대한 불법행위책임 - 일본 뱃부(別府)맨션사건을 실마리로 삼아 -

In this paper, by analyzing the case of the Bepu Condominium case in Japan, it is aimed to research the judicial doctrine which acknowledges the tort liability to a pure economic loss. In particular, if defects are found after the building has been sold to a third party, I have reviewed focus on whether the buyer can claim compensation to constructor for the repair fee. As a result, we could see the following conclusion. First, because the Korean Tort Law also has an "open" liability system, there is no obstacle of the legal system which recognizes a pure economic loss compensation. Second, in the real estate dealer, it is admitted tort liability for a pure economic loss when the duty of damage prevention exists in the constructor. Third, it is desirable for the constructor to understand that there is a "duty of care to pay attention so that the basic safety as a building is not harming"(premise for negligence judgment). And, if there is "lack to the basic safety as a building", the constructor will be liable to the owner for tort liability on the damages(scope of damages). Fourth, it is not necessary to be limited only when it causes the actual damage of the life and the body or property of the resident etc. It is enough, if damages can be realized due to defects of building in future. Ultimately, in the tort liability related to transactional relationship, the objects of that compensation must be a pure economic loss that is not a loss caused by the damage of life and body or property. In addition, it is necessary for a wrongdoer who caused such damage to be in breach of certain action obligations, we must be able to set up the action obligation to avoid the wrongful result in community life.