일본의 공동주택 일조부족에 대한 하자담보책임

• 영문명: “Defects Liability” for Lack of Sunlight of Japanese Apartments
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 朴世珉(Sea-Min Park)
• 간행물 정보: 『비교사법』比較私法 제17권 제1호, 193~220쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

In Korea, cases have arisen where home buyers have requested “defect liability” on an apartment with a lack of sunlight on the grounds of structural or environmental problems. In Japanese precedents related to the lack of sunlight as a “latent defect”, it was decided that sufficient sunlight itself affects an apartment’s negotiated price. Thus, landlords should guarantee advertised sufficient sunlight. It was concluded that the Japanese courts have taken a passive attitude on such liability, as they have not strictly enforced judgments and the Supreme Court as yet to clarify its position.

목차

Ⅰ. 문제제기

Ⅱ. 일본의 관련판례 현황

Ⅲ. 일조부족과 하자담보책임

Ⅳ. 맺음말

키워드

일조부족 하자담보책임 하자담보 분양아파트 환경하자 Lack of Sunlight Defects Liability Guarantee of Latent Defect Apartment Lots Environmental Defect