집합건물법의 하자담보책임기간의 기산점 – 분양전환 공공임대주택을 중심으로 -

The provisions on the liability and duration of defect security under Article 9 and Article 9-2 of the Collective Building Act apply to collective buildings, and separate provisions on the liability for defect security under Article 36 of the Multi-Family Housing Management Act apply to apartment buildings. In determining the starting point of the defect security period for public rental housing, there is a controversy in interpretation as to whether the tenant of the public rental housing becomes the owner after the sale conversion or the lease time, which is the date of delivery to the tenant under the Apartment Housing Management Act. Unlike general-sale apartments, in the case of rental housing converted to pre-sale, the liability period for defect security is extended up to 10 years from the end of the rental period when the Apartment Housing Management Act is applied. In order to resolve this contradiction, it is proposed to change the contents of Article 9-2 (3) of the Collective Building Act to Article 9-2 (4), and to establish a new regulation in the Article 9-2 (3) that "Notwithstanding the starting point of Article 9-2 (2), the multi-family housing supplied for the purpose of converting sales after renting pursuant to subparagraph 1 (a) of Article 2 of the Special Act on Public Housing is covered by the Multi-Family Housing Management Act." Through this, it will be possible to reduce confusion in the application of the Act on the starting point of the defect security liability of public housing converted for sale by unifying the starting point of the defect security liability of the Collective Building Act and the Apartment Housing Management Act.