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1-1. Outline
Tenant and buyer for construction can ask the defect against the civil law, management order of combination houses and construction industry basic law. They have to report as letter to constructor before defect period and ask to repair and carry out. Defect judgment was accepted by district leader about defect part before December 31th 1998 but it was changed the problem with concerned persons. And tenant asks repair for defect part but constructor repair formally and tell the defect period is over and it's not defected so on. Therefore tenant ask law confrontation by inspecting defect from outside research office. Insurance companies and construction benefit society report that missing construction and defect repairs are not responsibility to constructor or construction company. And they inform the receipt defect(only actual inspection) only defect period to constructor.

1-2. Purpose
The purpose of defect inspection is to pursuit the right of tenant and minimize the inconvenience of the user and improve the value of construction by repairing quickly defect.

1-3. Effect
1) Legal compensation about very different construction to approval thing at selling time (including permission design change on architectural law)
2) Compensation for missing construction part among design content
3) Reducing maintenance and management charge through defect repair
4) Popular place with making clear community surroundings

1-4. Process of defect inspection
1) Approval necessity of residents Defect inspection is possible from representation meeting from residents and residents must know the necessity of inspection.

2) Selection of defect inspection organization
- Article 16 rules of apartment house management order -
① Engineering Active Subject as Engineering Technique Promotion Law
② Architectural engineer or technologist in the field related to architectural law or technologist law
③ Korea Institute of Construction Technology by Construction Technology Management Law Article 7 rules
④ Construction Safety Management Public corporation by Special Law Article 25 rules about construction safety management

3) Expense levy for defect inspection
Management subjects can levy costs about safety check by apartment house management law article 15 rules separating management cost.

4) Selection of company
The company has a lot of defect inspection and is not understanding relation between strong constructor and construction company.

1-5. Progress after defect inspection
1) Defect inspection report can be reported to constructor, guarantee company (insurance company and bank) and stimulate to carry out.

2) In the cast of carrying out defect repair

① First report to tenant what is consulted scheme taking about defect repair performance ( it's possible to consulate at representation meeting of tenant) - The scheme must be described repair method and schedule)
② Defect completion is possible if repair and compensation managed by performance plan

3) In the case of non-performance basic defect repair only part repair and delay

① In case of delay and avoidance of defect repair and give tenants inconvenience, tenants receive defect deposit directly and enforce defect repair service.
② Necessary of Lawyer election related to civil suit

4) Related to burden of defect inspection cost

① At apartment houses management order article 16 rules ⑤, if there is a different opinion at defect asking of tenants, can't ask defect judgement and requestor charges defect judgement cost. But when besides requestor has responsibility of defect repair the cost can charge to them. Namely, when the people who make defect don't repair and delay and take a suit, they have to charge defect cost.
② In case of building a different to design drawing and missing and changing, it's possible to get repayment as civil law and ask for compensation and reimbursement.
③ The cost of lawsuit is charged from the person who failed at lawsuit and makes up for law interest. Tenants can claim the lawyer coast after lawsuit so they don't have any damage.
④ When constructor is dishonored and bankrupt, defect guarantee insurance company have to be claimed. Direct reimbursement request is possible when there is a construction company.

2-1. Civil law
Article 390 ( failure to pay the financial debt and damage suit)

The Bondholder can claim the damage reinforcement when debtor didn't perform the content of debt. But there is an exception with performing without intention and mistake of bondholder. Buyer have to exercise right within 6 months from knowing that by article 582 rules (all 2 rules right exercise period) all 2 rules.

Article 667 (debt responsibility of supplier)

① Contractor can claim supplier defect repair as setting considerable time if complicated construction and before construction has defect. But there is an exception when the defect is not important or demanding excess charge.
② Contractor can claim damage reinforcement with repair.
③ All articles are followed as article 536 rules.

Article 671 (debt responsibility of supplier - special rules about land and building)

① Supplier of land, building and other structures have a responsibility of debts for 5 years after transfer about defect of ground work or object.
② Contractor has to exercise the right of article 667 rules within 1 year from the day of damage when objects are damage by defect of all articles.

2-2. Apartment house management order
Article 16 (safety diagnosis exercise)

① It can ask for safety diagnosis at organization related to below each item when there is very serious defect at inner construction of apartment by article 38, clause 17.
1. Korea Institute of Construction Technology by Construction Technology Management article 7.
2. Architectural association by architectural law article 31.
3. Construction study organization of university by education law (in the case of permanent)
4. The organization which the Minister of Construction and Transportation admits to have an ability of construction safety diagnosis as legal person for the other construction safety diagnosis.

② Business subjects pay the safety diagnosis cost by article 1. But there is an exception that defect cause is besides business subject.

Article 17 (security of defect repair)

①The supplier of apartment house deposit the security of defect repair in the name of use inspector at financial company appointed to use inspector. And when people submit deposit paper and use inspector application paper they have to do to use inspector together.

② Use inspector has to change the deposit name of defect repair security by article 1 in case of composing tenant representative meeting without delay. And tenant representative meeting must take in custody security about defect repair at financial company from getting name change during construction and transportation order.

③ Defect repair security by article 1 is third of one hundred of below each state.

　 1. Inspection at constructed differently house with making ground, business subject is exclusive money land cost before making soil at total work cost.
　 2. In the case of constructing an apartment without creating a site, business subject is exclusive money land cost before making ground at total work cost.
　 3. Warranty issuing of Construction Mutual Aid Project according to Construction Industry Basic Law.

④ Warranty issuing of House Business Mutual Aid Project according to the law of article 47 clause 6.

3-1. Execution range
　1. Public part - parking lot, union place, outside retaining wall , asphalt pavement, step block - facilities of all kinds of drainage, playground, management room, guard room, fountain - underground instrument room, electric room, generator room, underground water tank, gardening

　 2. Exclusive possession part - each building apt. outside construction, closing state - each building apt. inside inspection (the principle of all building inspection)

　 3. The others - all kinds of manhole, guard lamp, installation state of CCTV, quantity, function

3-2. Execution contents item
1. Safety valuation inspection of construction
　 1) Concrete complex non-destructive intensity test
　　 ① Range : Joint part and exclusive part
　　 ② Part : pilar, beam, retaining wall. slab
　　 ③ Equipment : Sumit hammer, ultrasonic inspection

　 2) Steel reinforcement exploration
　　 ① Range and part : same with 1)
　　 ② Equipment : FERROSCAN Fs 10 System

　 3) Crack depth and crack depth inspection
　　 ① Range : All part by naked eyes inspection (joint part and exclusive part)
　　 ② Part : Selection the part for inspection check by judging crack degree (major construction: beam, piler. slab, retaining wall)
　　 ③ Equipment : Crack depth measurement - CRACK GAUGE. measuring tape - crack depth measurement - PUNDIT

　 4) Slant measurement of building
　　 ① Range : Horizon displacement allowance inspection of each building apartment
　　 ② Part : 4 sides 8 units of outside apt.
　　 ③ Equipment : TRANSIT

　 5) Concrete flames reason (neutralization test)
　　 ① Range : Concentrated test at parking lot
　　 ② Part : Beam, piler. slab, retaining wall
　　 ③ Equipment : Phenolphthalein solution test

　 6) Chloride test
　　 - Same range and part with 5)

　 7) Safety test of ground
　　 ① Range : The bottom of the floor at parking lot and underground flood the end floor retaining wall apt.
　　 ② Part : Flood and retaining wall
　　 ③ Equipment : IMPEDANCE TEST

　 8) Steel reinforcement corrosion test
　　 ① Test at rust because of surrounding steel exposure
　　 ② Equipment : CANIN HALF - CELL

　 9) Steel materials thickness inspection
　　 ① Range : Joint part and exclusive part
　　 ② Part : Sorting inspection of fire door
　　 ③ Equipment : ULTRASONIC WALL THICKNESS GAUGE

3-3. Defect inspection detail item
1. Appearance inspection
1) Exact inspection of crack and water leakage, exfoliation, white phenomenon

2) Range
　　 ① Public part - parking lot, union place, outside retaining wall , all kinds of construction - outside retaining wall, stair room. roof instrument room, ground instrument room, electric room
　　 ② Exclusive part - Whole apartment inside each building - each apartment whole stair room

3) Strange existence check of steel exposure, concrete face missing

2. Survey inspection (it's possible to sample survey into each balance item)

1) Survey inspection according to use material
- example) all kinds of doorframe, curtain box, wall thickness, glass thickness, steel material thickness

2) Actual area check the inside
- Actual inside dimension check selecting of each balance item

3. Inspection at constructed differently to design drawing
- Different constructed place in contrast with drawing
- Margin because of missing and changing

4. Slope inspection of all kinds of drainage way
- Drainage is good or not using automatic level
- Inspection at underground parking lot in priority

5. Whole building visiting inspection

① Questionnaire distribution (preparation : MISUNG C&S INSPECTION CO., LTD)
② Direct visiting inspection of all building
- Inspection analysis and defect content reason analysis about questionnaire

6. Asphalt pavement state inspection
- Sinking, damage, heavy water stay, impediment for walking

7. Slope inspection of drainages way all kinds of sewage into building
- Inspection of slope, quantity, standard

8. Safety inspection of all kinds of amusement and playground
- Quantity, size, safety and material of machinery

9. Inspection of equipment part
① Defect happening content inspection of all kinds of building
② Installation state inspection of sanitation apparatus of all kinds of building (water leakage, damage, change and discoloration
③ Inspection of pipe laying, water supply, sanitation of public part
④ The other article

10. Inspection of electrical part
① Survey on the use of lighting equipment in each household
② ② Check of system and material of all joint part's electric

11. Fighting inspection
- Related law check and operating state

3-4. Report making after inspection completion
1. Construction statement and safety valuation
2. All kinds of test data analysis
3. Analysis of load test results
4. Range selection of repair and reinforcement at each part
5. Best plan selection for repair and reinforcement
6. Amount of money output of repair and reinforcement
- Quantity output drawing out
- Defect content total of each building
- First place drawing out
- Particulars drawing out
7. Defect particulars drawing out
- Distribution each items accompanying related pictures
8. Questionnaire content total bookbinding
9. Total report drawing out
10. Internal explanation meeting
- At a point of out inspection completion
11. Final report meeting
- At a point of tenant representative meeting after submitting report after main inspection
12. After submitting report
1) Attendance technique meeting with constructor and insurance company
2) Technique discussion and business assistance until final cooperation and end
3) In case of lawsuit, try to win a lawsuit of tenant as consulting technique and statement with appointed lawyer.

Busan District Court 9th Civil Affairs Division decision

Complainant: Dongwon, Fine Family Apartment Resident Representative Meeting
Defendant: Korea Housing Guarantee Co., Ltd.
Defendant: Dongwon Development Co., Ltd.

▣ Main Content
At the tenant's representative meeting, the defects that occurred in each part of the apartment were verified with an external agency, and the result was requested from the implementer, the constructor, and the guarantor company (for the stolen contractor to the guarantee company, etc.). The schedule was postponed without performing fundamental remuneration following with the contents of Article 16, etc., and partial remuneration or immediate remuneration was requested within 3 days. If this is not possible, the defect repair plan, which specifies the repair schedule, must be submitted to the tenant representative meeting. Failure to do so does not mean that the defect repair has been implemented. It was a case in which the defendant decided to pay the amount required to remedy it and the cost of the lawsuit, as the plaintiff's argument was valid.

① About the number of households examined for defects
-If the total number of possible surveys exceeds 80%, the matters that occurred during the period of defects, even if the period has passed, can be processed by civil law without judging only in the housing management order.

② Qualifications of the resident representative meeting
-With the approval of a majority of the tenants, a representative from each dong was elected to form a tenant representative meeting. It is legal because the chairman of the representative meeting was elected with the approval of more than half of the representatives from each dong.

③ Management fee (inspection fee) collection problem
-The cost of the defect investigation and the expenses necessary for the lawsuit was paid to the residents with the consent of the residents, and there is no legal problem.

④ Books, etc. used in the survey
-It is said that the design changes were made legally following the Building Law, which differs from the drawings at the time of approval for the project. The pre-sale can be raised civilly as there is no consent from the client, and reimbursement is possible if there is a reimbursement part according to the change.

⑤ Judgment on the contents of the defect investigation
-Anything that matches the content of the court's judgment on the investigation by each part is recognized as a defect, and the deposit can be returned.

⑥ Regarding the period of liability for defect security by construction companies, etc.
-Regarding the construction of the apartment, it is determined that it is the responsibility of the contractor who did the construction and not the tenant who received the sale.

-Apart from the period of liability for defects in the Apartment Building Management Ordinance, the duration of the contractor's liability for security under the Civil Act is stipulated for 10 years after delivery of the object.

⑦ About the fact that there are many cracks outside the apartment
-It is reasonable that only a few years have passed since the completion of the construction so that the entire need to be painted is necessary for repair of many cracks.