• Journal of the Korea Institute of Building Construction
• /
• v.20 no.6
• /
• pp.567-576
• /
• 2020

This study proposes additional items to be recognized as defects in a defect lawsuit through a case analysis of lawsuit cases in apartment housing. Identifying these defects prevents an unexpected increase in litigation costs, delays in the date of litigation, and emotion repercussions or additional lawsuits. In this study, the defects that were not discovered by the existing occupants and construction companies, but were newly discovered in litigation, were defined as defects in lawsuits. Fifteen cases of lawsuits were analyzed and a total of 77 defects were derived. Each item was then reviewed for location, work type, number of occurrences, and cost. The results were yielded 23 defect items, which were validated by appraisers who directly appraised the cases. In addition, the derived defect factors were analyzed. Finally, the 23 defect items were categorized into 10 main factors which include attributes such as causes of occurrence and characteristics. This can provide an overall area of defects to be considered in addition to existing defect items in the life cycle of the housing. The results of this study can contribute to reducing the actual occurrence of defects and minimizing the disputes in the case of defect lawsuits.

• Korean Journal of Construction Engineering and Management
• /
• v.15 no.3
• /
• pp.74-82
• /
• 2014

The proportion of apartment housing has been increased to solve the housing problems resulted from rapid growth in urban population and urban economy. With the increase in apartment's proportions and the concern about quality of housing, the contractors have made efforts to satisfy the customers in improving the quality of housing. Despite these efforts, the conflicts between the contractor and the customers are getting serious. Also the disputes and the litigation of defect are increasing because of the contractor's negative treatment and inadequate countermeasure. In this study the defect lawsuits which bring actions against the contractors are collected and analyzed. And then the strategic countermeasures are proposed according to the classifying the type of defect and size. The suggested countermeasure model before the defects are resulted is expected to contribute in developing the contractors strategies to reduce the conflicts against customers.

• Journal of the Korea Institute of Building Construction
• /
• v.21 no.4
• /
• pp.257-268
• /
• 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.

• 주택과사람들
• /
• s.201
• /
• pp.102-103
• /
• 2007

아파트 하자 담보 책임 기간이 지났어도 부실 시공에 따른 아파트 하자 보수 비용은 아파트 건설.분양 업체와 보증 회사에 존속된다는 법원의 판결이 나왔다. 하자 보수 비용에 따른 잇따른 소송으로 책임 소재가 불분명한 경우, 그 비용을 어떻게 해결해나가는지 실례를 들어 살펴보자.

• Korean Journal of Construction Engineering and Management
• /
• v.12 no.6
• /
• pp.142-150
• /
• 2011

Defect dispute has been increasing to claim by condominium, in increasing to demand and concern in value, quality, and management of apartment building since 2000s. In this study, for checking property of cost in crack issue with precedure of lawsuit on defect, it is analyzing details about repairing cost of concrete crack defect that formed 77 percent of repairing cost. Futhermore, it is studying of composition of repairing cost and difference of repairing cost by repairing method. This is checking details that cost growth has a difference whether court accept a acceptable range of crack width, and repairing method and reinforcement work has to choose between a surface treatment method, a filling method and a injecting method. Meanwhile, it is considerable that disparity of repairing cost whether is a method of painting work.

• KIEAE Journal
• /
• v.7 no.6
• /
• pp.127-132
• /
• 2007

Recently, the cases of lawsuit are growing on residential defects. Though, mostly residential construction companies are trying to mitigate resident's dissatisfaction due to keep the company's brand image by operating customer service team, some representatives of apartment buildings initiate litigations without any negotiation with countrepartner companys incited by planned suit lawyers. But lawsuit takes longtime to sentence(about more than one year), and judged amount of money are very few (averaging about 14%) compared with asserted amount of it. To suggest the improving alternatives, the types and problems of defect lawsuit on apartment complex are analyzed.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2016.05a
• /
• pp.263-264
• /
• 2016

Since 2000s in Korea, apartment building tended to become goods or assets rather than houses. Therefore, conflicts between supplier and consumer were aggravated, and the defect dispute has been increased rapidly. This dispute enlarges to defect lawsuit and it is social and economical matter. The landscape work in apartment building is main work for a resident that appearance and convenient facility which lawn, tree, fountain, chair, playground, and etc. A number of defects surround landscape work are important issue in defect lawsuit, but, a related research is a minority, and a regulation is incomplete. Therefore, this study is basic study for standard of landscape defect type. As case study on defect lawsuit, draw a landscape defect type in apartment building.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.40 no.1
• /
• pp.81-91
• /
• 2012

The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

• Construction Engineering and Management
• /
• v.11 no.2
• /
• pp.35-38
• /
• 2010

• 건축구조
• /
• v.13 no.4
• /
• pp.18-20
• /
• 2006