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Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

Under the law of Management of Apartment Complexes, the Apartment Supplier should satisfy the demands of residents for the repair of defects found in Apartment Housing. But in the cost of defect repair, the expense of resident complaints is not included, and only the actual defect repair expense is counted. So in this study, the actual use state of defect deposits for 3 years after moving in is analyzed based on the actual use data of 39 apartment complexes. The study shows that more than 50% of defect repair deposits are spent to satisfy expenses arising from complaints by residents. This is not only caused by irrational demands of residents, but also by the adoption of a stopgap policy by Apartment Suppliers.