Well yeah, if the code was without "problems" (using the widest definition of "problems", including stuff like "code smells"), you wouldn't have to refactor it.

Well yeah, if the code was without "problems" (using the widest definition of "problems", including stuff like "code smells"), you wouldn't have to refactor it. But such "problems" don't necessarily mean that the code was bad in the beginning, it might also mean that the requirements have changed in a way that the original code structure can only handle using hacks...