• Title/Summary/Keyword: 하자종결

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A Study on the Completion procedure of Defect Repair for Apartment Housing (공동주택의 하자보수 종료 절차에 관한 연구)

  • Jun Woo-Taek;Nam Gyoung-Woo;Koo Kyo-Jin;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.283-286
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    • 2002
  • Defect problems happening in the course of stressing quantity expansion of residence supply due to lark in maintenance are intensifying insincerity of construction business resulting from the psychological and economic damage, and there are many quarrel between residence suppliers and consumers. Because an apartment house's qualify is decided by various elements from design, to lotting-out, construction, and after-management, it is limited to express house capacity and standard to appraise defect objectively and quantifiably. The bound of defect and the period of guarantee expressed cleary in regulation of apartment house lack in quantifiable concept, and guarantee of defect is composed of a general concept. Therefore the big difference in opinion about defect and the bound of repair makes repair process slow and only to increase social costs. This research will give residence suppliers and consumers a resonable way to solve repair process during tile obliged period of guarantee since moving into from a process which are design, planing, construction, and after management. Furthermore it will present each business and role to conclude defect repair easily, so I planed to promote maintenance after conclusion of defect repair.

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Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

A Study on the End of Defects Liability Exit Procedure in Apartment Buildings through Case Studies (사례분석을 통한 공동주택 하자담보책임 종료 절차연구)

  • Kim, Jin-kuk;Bang, Hong-Soon;Choi, Byung-Ju;kim, Ok-Kyue
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.10
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    • pp.25-32
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    • 2018
  • The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.