주택분양보증계약의 법적 성질에 대한 연구

When the business entity pre-distributes the common housing, it is necessary to conclude a housing sale guarantee contract with Korea Housing & Urban Guarantee Corporation(HUG) without fail, as provided for in the regulations concerning housing supply. However, according to Article 8 of the housing sale guarantee terms, which constitutes the contents of the housing sale guarantee contract, HUG uniformly performs fulfillment or refund implementation based on two-thirds or more decision making of subscribers. The way of performance of HUG's housing sale guarantee contracts is questionable as to whether they are consistent with the character of the guarantee contract. The housing sale guarantee contracts may correspond to the guarantee contracts or damage security contracts, depending on the extent to which the dependency has admitted during the housing sale guarantee contract or the housing sales contract. In case of grasping the nature of the housing sale guarantee agreement as a damages collateral agreement, the obligation under the housing sale guarantee contract is an independent obligation separate from the debt borne by the sale contract. therefore, if the requirements prescribed in the housing sale guarantee agreement are met, regardless of whether the sale agreement contract will be canceled or not, HUG will be able to fulfill the sale and refund pursuant to the provision of the housing sale guarantee agreement. Therefore, considering the clause of the housing sale guarantee condition, it is only possible to judge to what extent the dependence relationship of the housing sale guarantee contract is accepted. As a result of review, it is reasonable to see the housing sale guarantee contract in the damage security contract.