A Contemplation on Settlement of Disputes Arising from a Pre-sale Contract and Its Scope

By concluding a pre-sale contract, a part of the estates or land will be transferred to the pre-buyer for the purchased share. Pursuant to Article 1 of the Building Pre-Sale Code and other articles of this Code, the pre-sale contract, as a specific contract, along with other contracts, has the following characteristics: ownership, consent, exchange, necessary and exclusive. In Article 20 of the Building Pre-Sale Code, the legislator, while determining the competent authority for resolving disputes arising from the pre-sale contract and deeming it necessary to resolve the disputes of this contract through arbitration, also limits the authority of that authority for interpretation, interpretation and execution. The provisions of the contract have been determined. On the other hand, the same Code stipulates requirements for the parties to the contract, such as formally concluding the contract, appointing arbitrators and including the provision of Article 20 of the Code in the contract. That legislator's silence regarding the guarantee of non-compliance with the above-mentioned cases in arbitrating the subject matter of the Code has caused a dispute in the judicial procedure. Also, the lack of will of the parties in referring the principle of dispute to arbitration, raises suspicion that the true title of arbitration does not apply to the dispute resolution authority subject to Article 20 of the Code. The present article seeks to deal with the guarantee of the performance of the first forms along with justifying and explaining the nature of the dispute resolution authority of pre-sale contracts.