• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.515-525
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• 2020

The recent increase in lawsuits and disputes caused by defects in apartment houses has been highlighted as a social issue. To solve this problem, studies were conducted on the type of defects in apartment houses. However, the problem has not been resolved amicably. Accordingly, it was emphasized that it was necessary to lay a groundwork for research on the types of defects by type of construction work in the recently constructed apartment houses and to present countermeasures and preventive measures for defects later. Therefore, this study investigated cases of defects in apartment houses and analyzed types of defects through PMIS and defect reports. The main purpose of the research is to present the causes for major types of defects by identifying the types of defects in apartment houses and to lay the goundwork for the study of countermeasures and preventive measures for each type of defects in the future.

• Korean Journal of Construction Engineering and Management
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• v.21 no.1
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• pp.40-49
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• 2020

This study analyzed the factors affecting the ruling of litigation on the housing reconstruction and housing redevelopment project based on the cross analysis and logistic regression analysis. According to cross analysis result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no ownership or association member status, double lawsuit, abuse of lawsuit right·litigation trust, existence of claim-preclusion, no standing to sue·no standing to be sued, lapse of litigation period, no legal interest, no own defect of approval. On the other hand, the offensive cause of action group was found to have no significant variable. According to logistic regression result, the defensive process prerequisite group was showed significant in many variables which were past legal relation, no standing to sue·no standing to be sued, no ownership or association member status, double lawsuit, no own defect of approval, abuse of lawsuit right·litigation trust, existence of claim-preclusion. Meanwhile, the offensive cause of action group was showed significant in only one variable that was defect in relation with articles of association. Overall, it is noteworthy that the offensive cause group showed very low significant results compared with the defensive process prerequisite group.

• Journal of the Korea Institute of Building Construction
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• v.22 no.1
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• pp.103-114
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• 2022

In the area of construction defects, residents have a tendency to focus on visually identifiable defects, while construction companies focus on defects that affect the structural and functional integrity of apartment housing. Accordingly, construction companies and residents have conflicting views on defects in apartment housing. To address this issue, this study aimed to accurately identify the main disputes surrounding defects in multi-family housing complexes or multi-dwelling unit apartment housing caused by such sharply different perspectives and suggest improvement measures. First, standards to determine different defects and remuneration standards between the Ministry of Land, Infrastructure and Transport and the court were analyzed. Then, problems were derived through an analysis of defects in past court cases, and the differences in perspectives between construction companies and residents were identified based on defect data from various construction companies. To tackle these issues, a classification measure for establishing a defect database for multi-family homes was also proposed.

• 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.

• 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.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.05a
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• pp.146-147
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• 2017

Recently, as the living standards of residents in apartment houses continued to improve, the dispute of post management have also increased. one of the Issue, Concrete Cracks comprised high percentage of dispute. Especially, between criteria the cost of repairing defect and the judgement of defect isn't clear, they are a lot of dispute in this regard. Even though lots of the criteria about Inter-layer crack is existed by judging defects, In a court, they are judging their own criteria about Inter-layer crack. The purpose of this study is to compare and analyze Defect Judement Standard both MOLIT and Court, and to provide the Improvement for Defect Judgement and Repair Method of Inter-layer concrete crack.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.11a
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• pp.55-56
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• 2023

The number of defect disputes occurring in apartment houses is increasing year by year, and among them, disputes caused by defects in tiles account for 28.2% of the total, which is an important defect in tiles. A representative tile defect in the defect dispute is the lack of tile backfill. Another dispute occurred that the standards for each organization are different as the 100% standard of the Ministry of Land, Infrastructure and Transport's building construction standard and 80% standard of the Architectural Institute of Korea's Building Technology Guidelines. In this study, it was analyzed the relationship between the amount of tile backfill and the amount of tile defects based on 100 defect litigation court appraisal documents. It was observed that the amount of defect in tile works tended to decrease as the amount of tile backfill increased. By presenting an appropriate amount of mortar to fill behind tiles in a defect dispute, the effect of reducing the defect dispute can be expected.

• Journal of Software Assessment and Valuation
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• v.17 no.1
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• pp.1-9
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• 2021

In disputes involving contracts for work, most issues boil down a single, most crucial, underlying question: whether the agreed work was completed. The same applies to software development services, which are usually usually provided under contracts for work. In disputes arising from software development contracts, appraisal is commonly used to determine the completeness of the software in question. However, it is often difficult to ensure the objectivity of the appraisal. This study examines past cases involving the determination of software completeness to identify the method used in each case. Then, based on the findings, this study identifies issues requiring improvements to ensure objective determination of completeness.

• Journal of the Korea Institute of Building Construction
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• v.21 no.2
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• pp.129-139
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• 2021

Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

• Proceedings of the Korea Water Resources Association Conference
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• 2011.05a
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• pp.100-100
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• 2011

2011년 1월 약 5년에 걸쳐 공방을 이어오던 서울시와 한국수자원공사(수공)와의 물값 분쟁 사례에 대한 대법원의 판결이 내려졌다. 서울시는 댐용수 사용료로 지불한 약 677억에 대한 부당이득금 반환 청구소송을 제기하였고, 이에 대하여 수공은 한강 취수장 물값 114억원을 청구하는 소송을 제기하였다. 결론적으로 대법원은 수공의 손을 들어줌으로서 기나긴 물값 분쟁 사례의 종지부를 찍었다. 본 사례는 대법원이 하천점용허가의 본질을 언급하는 등 향후 물값 관련 분쟁이 발생하는 경우 중요한 선례로 기능하게 될 것이다. 본 연구는 기득수리권 물량의 허용범위에 대하여 2011년 대법원 판결을 중심으로 분석하였다. 기득수리물량의 총합으로 용수료를 계산하고자 한 서울시의 주장에 대하여 각 취수장별 계약량 산정을 주장한 한국수자원공사의 논리에 대하여 대전지방법원 및 대법원의 판결을 중심으로 법적인 분석을 시도하였다. 특히, "민법" 제104조에서 규정하고 있는 '불공정한 법률행위'를 통하여 서울시와 수자원공사 간의 계약상의 하자에 대하여 분석하였다. 수리권과 관련하여 물값 분쟁에 대한 명확한 지침을 제시하는 판례를 찾기는 쉽지 않다. 민법 상의 기득수리권 규정과 하천법 상의 허가수리권 규정이 충돌하면서 명확한 법적인 해석이 곤란한 실정이다. 선서례구속의 의미에서도 본 대법원 판결은 중요한 의미를 가진다고 할 수 있다. 따라서 본 사례에 대한 상세하고 지석적인 분석을 통하여 우리나라 수리권 제도를 재 규명하기 위한 이론적인 토대로 삼는 것이 중요하다고 할 수 있다. 판결문을 중심으로 사례연구를 수행한 본 연구는 다음 두 가지 점에서 의의를 가진다. 첫째는 '공익성'이 높은 물값에 대한 객관적인 판단을 가능하게 하였다는 점, 그리고 둘째는 실질적인 물값 제도개선을 위한 중요한 선행연구로서의 가치를 가진다는 점이다.