• Title/Summary/Keyword: Apartment Building Defect Lawsuit

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Regression Analysis on the Dispute Cost Property in Apartment Housing Claims (비용항목의 희귀분석을 통한 공동주택 하자분쟁의 비용특성연구)

  • Kang, Yu-Mi;Kim, Beop-Su;Park, Jun-Mo;Choi, Jeong-Hyun;Seo, Deuk-Seok;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2010.05a
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    • pp.225-228
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    • 2010
  • It is an social issue that is various claim related on the defect of apartment house. The cost of defect repair is the most important matter that residents dispute constructers with the huge time wasting and cost loss. For resolve the matter of defect claim, it must to be analyze to the cost property that study and find to pending issue about the cost of defect repair. Therefore this study is investigated the cost property of defect repair relation on correlation analysis and regression analysis around the judgement cost. Consequently, cost of the judgment is associated with cost of the accusation and cost of the defect repair, is recognizable as them that is closely connected. Meanwhile, the more time of take effect and time of lawsuit increase, the more cost of the judgment decrease by draw the regression equation. On the contrary, there are same aspects in the case on the cost of the accusation and cost of the defect repair.

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A Study of the law-suit requesting the guarantee against defects in the Apartment Buildings (공동주택 하자보증금 청구소송의 연구)

  • Yoon, Hyung-In;Jo, Byung-Soo
    • Journal of the Korea Institute of Building Construction
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    • v.7 no.2 s.24
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    • pp.67-76
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    • 2007
  • The purpose of this study is to propose the efficient improvement in the lawsuit to request the guarantee against defect. This study points out several problems about related act and subordinate statue and judgement by analyzing the character of contract in apartment house, related laws and regulations, appraisals and judicial decisions. This study deduces the necessity of the establishment of the specification and the breakdown cost for repair and maintenance work to provide the standard for the detached judgement.

Basic Research on Evaluation of Defect Repair Period of Finishing Works in Apartment Houses according to Performance Data (실적자료에 의한 공동주택 마감공사의 하자보수기간의 적절성 평가 기초연구)

  • Kim, Dae-gil;Lee, Ung-Kyun;Seo, Deok-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2015.05a
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    • pp.245-246
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    • 2015
  • Cases of lawsuit and conflict are increasing because of defects in apartments in use after the completion of construction. Further, with changes in the consciousness of residents and in the social environment, many residents are showing interest in defect-related lawsuits. However, the term of warranty liability defined in the current law is not practically appropriate, and the verification of the determination of the term of warranty liability is insufficient. Against this background, this research aims to evaluate the appropriateness of defect repair periods by examining the actual defect condition of the finishing work among the various defects related to apartments. Collected performance data are analyzed by statistical techniques by considering the defect occurrence rate per construction type and the construction year of the finishing work in apartment construction. The analysis results will be used as basic data for evaluating the appropriateness of the standards for the term finishing works warranty liability.

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A Study of the Prevent Measure by Case Analysis of Apartment Building Defect Lawsuit (공동주택 하자소송 사례분석을 통한 분쟁방지 대책에 관한 연구)

  • Pyeon, Su-Jeong;Kim, Jong-Ho;Kim, Gyu-Yong;Choe, Gyeong-Chol;Son, Min-Jae;Nam, Jeong-Soo
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.4
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    • pp.257-268
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    • 2021
  • This study analyzed the major issues of 24 defect litigation precedents before and after 2013, based on 2013, when defect litigation in relation to the rapidly increasing defect disputes in apartment houses. The amount of defect removal per household is 2,572 thousand won per household, which is about 5% less than before 2013 from 2013, but the judgment amount per household has rather increased by about 19%, showing 1,916 thousand won per household after 2013. By type of construction, defects on cracks accounted for the largest proportion before and after 2013. Before 2013, equipment, tiles, and windows appeared in the order, and after 2013, landscaping, tiles, insulation and window work were in the order. In order to prevent such defect disputes, efforts to prevent defect disputes will be needed in the design stage, construction stage, and maintenance stage.

Revitalization of the Conciliation System for Defect Disputes Related to Apartment Buildings - On the Technical Issue - (공동주택 하자분쟁 조정제도의 활성화 방안- 기술적 쟁점사항에 대한 대응전략을 중심으로 -)

  • Park, Jun-Mo;Kim, Ok-Kyue;Kim, Jin-Lee
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.3
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    • pp.208-220
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    • 2011
  • Recently, the arbitration system for defect disputes has been introduced to settle the disputes arising from defects in apartment buildings. However, the conciliation system did not reflect the current technical issues of defect disputes and the opinions of each party involved in the disputes. Moreover, it revealed more imperfections in the content and the process of the system itself. Therefore, this study aims to review the technical aspects of defect disputes, and suggest an alternative to the conventional conciliation system. This paper also discusses logical factors that can be addressed for the current subjective judgment. It is recommended that each party involved in the defect dispute build mutual trust in order to meet social needs, which is the underlying support for the revitalization of the institutional level.

Improvement Plans on Defect Consulting Report in an Apartment Building through Analyzing on Formal Index and Quantitative Index (형식 및 질적요소 체계분석을 통한 공동주택 하자감정서의 개선방안)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.14 no.3
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    • pp.195-206
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    • 2014
  • The main issue of defect dispute is consulting, reviewing, and finally judging as an arbiter. A defect consulting is represented a defect consulting report, but a business custom and a standard of judgment are different each consultants, and have many problems. This study reviews literature studies and institutional researches, set up a research structure. it has 7 indexes that 5 indexes are formal indexes, and the other are qualitative indexed. As a result of case study, formal indexes are respect on the whole. However, each appraiser has different ideas, and, is expected to delay on fixing a construction lawsuit practice. This study suggests to improve a defect consulting report, it is followed. In formal part, suggested to change configuration is adjusted and integrated similar items. In qualitative part, an evaluation system for appraiser and an education program for engineers is suggested.

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.