공동주택관리법상 하자보수보증기간의 법적 성질과 기산점

Buildings that are commonly used throughout our society play a significant role in the property and safety of the general public. Therefore, building activities form a large axis of economic activity, and the rise and fall of the construction industry has a significant social and economic impact. The importance of apartment management is greater than ever before, with about 70% of Koreans living in apartment houses today, and expenses related to apartment management, such as management fees, usage fees, and long-term repair provisions, reaching 11.6 trillion won per year. However, it is true that it is difficult to lay the foundation for safe use of apartment houses for a long time due to many civil complaints and disputes over the composition, operation, and management costs of the tenant representative meeting, which is an autonomous organization for apartment management, and systematic management of various facilities in apartment houses. The need to support apartment management more professionally and systematically is now being raised, but the existing Housing Act included all construction, supply, management, and financing of housing, so there was a limit to systematically and efficiently supporting apartment management. To more effectively cope with the apartment management dispute and support dispute mediation, the apartment management system will be reorganized, such as establishing a central apartment management dispute mediation committee, designating an apartment management support organization to support active apartment management, and enacting a separate apartment management law to compensate for some operational deficiencies while separating only the contents related to apartment management under the current Housing Act, was enacted as Act No. 13474 on August 11, 2015, and the Apartment Housing Management Act came into force on August 12, 2016. The Apartment Housing Management Act was enacted and enforced for the purpose of enacting the Apartment Housing Management Act [Act No. 13474, August 11, 2015] The newly implemented Apartment Housing Management Act will be implemented on the date of the enactment of the Apartment Housing Management Act. The original purpose of the defect security liability system under the building-related laws was to impose the responsibility for compensation for defects that appeared in apartment houses during the defect repair period set by the Act on Promotion of Housing Construction, the predecessor of the Housing Act. Critics point out that the exercise of the right has changed to a liability for damages in lieu of defect compensation in the process of forming Supreme Court precedents along with legislative changes such as the revision of the Housing Act in 2005 and the revision of the Collective Building Act in 2012. As a prerequisite for this, the period of liability for defects for apartments or row houses belonging to apartment houses and collective buildings is the date of delivery to tenants under Article 36 (3) of the Apartment Housing Management Act and the Act on the Ownership and Management of Collective Buildings under the Building-related Act. The legal nature of the period of liability for defects in apartment houses is clarified, and the starting point of the security liability period is specified through Article 36 (3) of the Apartment Housing Management Act, and the starting point of the security liability period is stipulated as detailed items. In the case of the exclusive portion of Article 36 (3) 1 of the Apartment Housing Management Act, it is the date of delivery to the tenant under Article 36 (2), but in the case of the defect repair guarantee period, the date of use inspection or approval of use shall apply according to the starting point of the common portion of Article 36 (3) of the Apartment Housing Management Act. This may lead to a problem in which an occupant of the exclusive portion does not receive a right remedy from a business entity and a guarantor even though he/she exercised his/her rights, such as a claim for defect repair, within the security liability period. When the construction company delays or refuses to repair defects, the institutional purpose of the project entity to deposit the defect repair deposit during the security liability period and use it for necessary expenses is that the guarantee period of the defect repair deposit is calculated based on the common part, which may cause problems in tenants due to inconsistency with the delivery date starting point. As a key means of protecting the rights and interests of residents, it is also expected that the role of a safety device that allows residents to be properly guaranteed their rights even if the construction company delays or refuses to repair defects will be provided as an expected effect by suggesting a solution to them.