earticle

영어

This study proposes additional items to be identified as defects in a defect lawsuit through a case study of defect lawsuits in apartment housing. In this study, the defects that were not initially discovered by existing occupants and construction companies, but were newly discovered in litigation, were defined as defects in lawsuits. The defects in lawsuits lead to an unexpected increase in litigation cost, delays in the date of litigation, and emotion repercussions or additional litigation, which may cause a vicious cycle. Therefore, identifying new defects during the course of litigation is necessary. In this study, the concept of defects in apartment housing and the criteria to judge these defects to preliminary considerations were analyzed. The concept of defects in defect lawsuits was defined, in addition to a case analysis of six domestic defect lawsuits. The results yielded 29 defect items, which were validated by appraisers who directly appraised the cases. In addition, the derived defect factors were analyzed. Finally, 29 defect items for defect lawsuits were categorized into 11 main factors. Deriving defects for defect lawsuits would mean establishment of a new area of defects that are not currently considered in practice. This would provide an overall area of defects to be considered in addition to existing defect items in the course of litigation. The results of this study can help reduce the actual occurrence of defects and minimize disputes in the case of defect lawsuits.