• Title/Summary/Keyword: Apartment Building Defect Lawsuit

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Case Study on Landscape Defect Type of Defect Lawsuit in Apartment Building (공동주택 하자소송에서의 조경하자유형 사례분석)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2016.05a
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    • pp.263-264
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    • 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.

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Field Investigation Work Modeling on Defect Inspecting Step of Defect Consulting in Apartment Building of Korea (공동주택 하자감정을 위한 하자조사단계의 현장조사 업무 모델링)

  • Park, Jun-Mo;Seo, Deok-Suk
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2015.11a
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    • pp.87-88
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    • 2015
  • A defect dispute surrounding an apartment building is in constant trouble, a defect consulting is necessary that objective and impartial for solving a defect. The defect dispute about a defect lawsuit is conducted in the order that filling of lawsuit, consulting order, defect inspecting, estimating a repairing cost, writing a consulting report, submitting a consulting report, and decision by court. Of these, a step of defect inspecting is extensively investigated an occurred defect that each defect index and type from each part and place. At this time, it is collected of many data and created many information. For this, it need to organize and manage. The study is a modeling of field investigation work process that second phase of defect inspecting step. A literature study is defined a work until level 2. This study is defined the work until level 3 to 4. In addition, the modeling can do for using a job name, a place to job, a job to do, and a person concerned about defect consulting case. The modeling is expected a contribution of improving a defect consulting process and systematizing a judgment standard.

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A Study on the Term of Warranty Liability by the Law-suit Requesting of the Guarantee against Defects in the Apartment Building (공동주택 하자보증금 청구소송에 의한 하자담보책임기간 연구)

  • Koo, Hae-Shik
    • KIEAE Journal
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    • v.12 no.3
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    • pp.11-18
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    • 2012
  • The purpose of this study is to contribute to solution of the defect dispute in apartment house in advance. We want to propose the improved devices in defect problems by investigating the money that exacted from the practical business of the inspection company and the money that a judge gave a decision in a civil court in 50 cases of the lawsuit to requesting the guarantee against defects and the improved schemes of the applied rate by analyzing the diagnosis money of each applied years about the term of warranty liability in 40 cases of the lawsuit separately from that. As the result, we have to reflect the defect of non construction and error construction on apartment building defects, which recognizes very important factor when we compute the defect repair warranty money and it needs to be rearranged the applied ratio in guarantee peried of housing law practically.

Comparative Review on Term of Warranty Liability of Reinforced Concrete Work through Occurred Defect Data Analysis in Apartment Building (공동주택 하자실적자료 분석을 통한 철근콘크리트 공사의 하자담보책임기간 비교연구)

  • Seo, Deok-Seok;Park, Jun-Mo
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.266-267
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    • 2017
  • As apartment buildings defect lawsuits become socioeconomic problems, an objective basis system for the term of warranty liability of reinforced concrete constructions is urgent. This study was carried out as a basic study for developing a basis system for the term of warranty liability. To do this, defect data actual collected in apartment complexes were collected and analyzed. As the result of checking the cumulative rate of defect occurrence in reinforced concrete construction by year, the point of time of reaching the 90% level was the 5th years, which was similar with the provision of the Apartment Building Management Act. However, the current Supreme Court precedent has decided that the term of warranty liability for the main structural parts in reinforced concrete construction shall be 10 years and the dispute is expected to continue in the future in the defect lawsuit.

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A Study on the Newly Recognized Defect Factors in Defect Lawsuits of Apartment Housing (공동주택 하자소송단계에서의 하자인정항목에 관한 연구)

  • Ko, Young-Tae;Shin, Yoon-Seok;Lee, Myungdo
    • Journal of the Korea Institute of Building Construction
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    • v.20 no.6
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    • pp.567-576
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    • 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.

Case Study for Developing of Standard Process about Defect Consulting Work in Apartment Building (공동주택 하자감정업무 표준절차개발을 위한 사례분석)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2014.05a
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    • pp.158-159
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    • 2014
  • There is urgent for defect consulting work to standardize the investigated method, repaired and reinforced method, and estimated cost about defect in increasing a defect lawsuit of apartment building. For the purpose of developing the standard process of defect consulting work, the review that a used process in law and institution should take precedence. There is not prepared the national standard for defect consulting but is dependent on an experience and a practice of consultants. This study analyzes defect consulting case, defines main steps for developing the standard process, and draws phased work factors. As systemizing this, it is expected to apply to basic structure for developing the standard process of defect consulting work for the next.

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Comparative Analysis on Repairing Cost of Lawsuit on Concrete Crack Defect in Apartment Building (공동주택 하자소송의 균열하자보수비 비교.분석 연구)

  • Kim, Beop-Su;Park, Jun-Mo;Choi, Jeong-Hyun;Seo, Deok-Seok;Kim, Ok-Kyue
    • Korean Journal of Construction Engineering and Management
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    • v.12 no.6
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    • pp.142-150
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    • 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.

Proposing provisions of Standard Repair Method of Painting Work Defect by Lawsuit Case Study

  • Seo, Deokseok
    • The Journal of Sustainable Design and Educational Environment Research
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    • v.16 no.2
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    • pp.1-9
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    • 2017
  • Defect dispute in apartment building has become a debating social issue. The system of defect lawsuit and the conciliation process are applicable to solve defect problems in South Korea. Among various defects, painting work defect is a critical issue because it requires large area works and entails a lot of cost. Accordingly, disputes on work procedure and cost calculation are argued oftenly between residents and housing providers. This study reviewed detailed main issues of painting work and propose relevant systems and standards. In this analysis, the main issues are categorized into pre-works, main work, and others. The most recent cases are compared and analyzed for each issue. After the analysis, following conclusions are obtained, (1) In defect lawsuit system, even though surface treatment work in pre-work step is part of main work, it has been separated and regarded as a separate work. (2) Although the main painting work are not significantly different from two systems, it is still necessary to achieve a consensus to close the gap in the methodology of painting area calculation and determining whole painting or partial painting. (3) In addition, unlike the profit rate of general construction works, that of painting work remained the maximum rate and additional charge rate for works carried out in higher place are different among cases. Therefore, it is determined that establishing consistent standards is urgent.

SWOT Analysis on development to User-Oriented Smart Information Management System of defect in Apartment Building (사용자 중심의 스마트 하자정보관리 시스템 개발을 위한 SWOT 분석)

  • Kim, Beop-Su;Park, Jun-Mo;Kim, Ok-Kyue;Seo, Deok-Seok;Choi, Jeong-Hyun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2011.11a
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    • pp.5-6
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    • 2011
  • Defect dispute has been a continuous claim that concerning a apartment building. However, objective standard of judgment is inadequate to solve defect dispute. Furthermore, it need to scientific evidence that composited standard of judgment. This evidence has a necessary to collect a data for a long time and systematically analyze. Therefore, it need to develop smart information management system, in this study, it review user-oriented condition as swot analysis.

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Analysis of Consulting Reports on Defect Disputes in Apartment Building

  • Seo, Deok-Seok;Park, Jun-Mo
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.5
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    • pp.498-505
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    • 2013
  • The main processes involved in a defect dispute are consulting, reviewing, and finally judging as an arbiter. This process of defect consulting produces a defect consulting report, but business practices and standards of judgment will differ among consultants, and have many problems. This study reviews the structure of a defect consulting report and considers the structure's problem, which is that it is not standardized. To achieve this, data of sixteen defect consulting report were collected involving defect lawsuit cases before or after 2010. The structure and index of the defect consulting reports were then reviewed, and the results are as follows. As for a structure based on fourteen index, there are suitable that judge a outline, a cost estimate data and a consulting work item by a consulting standard. Furthermore, analysis by each common parts and private parts is considered as appropriate about consulting items and estimate by standard. However, consulting item in construction progress and responsibility period for security that related on a cause and a responsibility of defect need to complement. Meanwhile, the first thing of issues are connected a defect consulting is urgent a standardization for a defect type.