公寓住房瑕疵诉讼中新认定的瑕疵因素研究

Young-Tae Ko, Yoonseok Shin, Lee, Myungdo
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引用次数: 0

摘要

本研究通过对公寓住宅诉讼案件的个案分析,提出瑕疵诉讼中附加的瑕疵认定事项。识别这些缺陷可以防止诉讼成本的意外增加、诉讼日期的延迟、情绪影响或额外的诉讼。本研究将未被现有居住者和施工企业发现,但在诉讼中新发现的缺陷定义为诉讼缺陷。分析了15个诉讼案例,得出了77个缺陷。然后检查每个项目的位置、工作类型、出现次数和成本。结果产生了23个缺陷项,这些缺陷项由直接评估案例的评估人员验证。此外,还对导出的缺陷因子进行了分析。最后,23个缺陷项被分类为10个主要因素,其中包括诸如发生的原因和特征等属性。这可以提供一个要考虑的缺陷的整体区域,除了在外壳的生命周期中存在的缺陷项目之外。本研究结果有助于减少缺陷的实际发生,减少缺陷诉讼案件中的争议。
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A Study on the Newly Recognized Defect Factors in Defect Lawsuits of Apartment Housing
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.
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