• Title/Summary/Keyword: 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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A Study on Types and Problems of Defect lawsuit on Apartment Buildings (공동주택 하자소송의 발생형태 및 문제점에 관한 분석연구)

  • Seo, Deok-Seok;Um, Sang-Kweon
    • KIEAE Journal
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    • v.7 no.6
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    • pp.127-132
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    • 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.

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.

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.

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.

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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The Defect Diagnosis Process Model Utilizing BPMN Modeling Method in the Apartment Housing (BPMN 모델링 방식을 활용한 공동주택 하자진단 업무프로세스 모델)

  • Jung, Ryeo-Won;Kim, Kyung-Hwan;Lee, Jeong-Seok;Kim, Jae-Jun
    • Journal of the Korean housing association
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    • v.26 no.2
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    • pp.67-79
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    • 2015
  • As the Korean construction market in the apartment housing has changed to a housing consumer focused market, interest and importance on efficient use and management on existing buildings has increased rather than demand for new buildings. Interest of housing consumers on apartment house quality has increased in this market paradigm, and this spontaneously is connected to quality flaw related defect disputes and lawsuits that the importance of defect diagnosis has continuously increased. This defect diagnosis is directly connected to maintenance charges in defect dispute and lawsuit processes that rather objective and highly credible progress of duty is required. However, most defect diagnosis firms today that progress defect diagnosis are using different diagnosis methods and depend on the experience of experienced professionals that there is no standardized defect diagnosis process. Therefore, the purpose of this study is to provide common defect diagnosis process model for defect diagnosis firms utilizing the BPMN (Business Process Modeling Notation) modeling method. It is expected that this will contribute to professional and reliable task performances of concerned defect diagnosis workers. Furthermore, it is expected that design lawsuit damage will be substantially reduced by standardizing defect diagnosis processes.

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.

Analysis by Defensive Process Prerequisite and Offensive Cause of Action on the Merits of Lawsuit Cases in Urban and Housing Redevelopment - Based on Affirm-Rate and Staircase Matrix Tables - (도시정비사건 소송의 본안전항변사유와 본안쟁점사항에 관한 분석 - 인용률 및 행렬표식 분석기법을 활용한 -)

  • Kim, Yohan;Jung, Boseon;Lee, Sangyoub
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.5
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    • pp.104-114
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    • 2019
  • This study explored to analyze the winning determinants of the lawsuit cases on the urban and housing redevelopment project based on jurimetric methods. Based on affirm-rate and staircase matrix tables, 441 lawsuit judgments are analyzed. Research findings in affirm-rate analysis indicate that past legal relation, no own defect of accreditation, no ownership or association member status, lapse of period of litigation, and no legal interest are identified as higher rate in order for the reason for plea on the merit. And so are defect on calculation of consent rate, defect in relation with written consent, approval before zoning designation, defect in relation with general meeting, and defect on zoning designation for the issue on the merit. It is noteworthy from the staircase matrix table analysis that the criteria for affecting the lawsuit outcome is determined based on key forecasting variables such as past legal relation and no ownership or association member status. This study intends to provide the implication that the unnecessary disputes can be reduced in the urban and housing redevelopment project by the implementation of jurimetric quantitative analysis methodology from the perspective of empirical law.

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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