• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.5
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• pp.757-763
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• 2011

This study was intended to identify the problem of the lien in relation to the real estate auction and present its improvements in terms of procedural laws. To resolve the problem of the lien in the real estate auction, it is valid that the Vollstreckungsgericht needs to set the certain standard in relation to the possession of real estate and notify it at the first date of sale by judging whether the lien can be established. And the institutional improvement is required to obligate one to report the lien in the procedures of the real estate auction and reinforce the survey of the present condition of the lien. And it is necessary to impose the more public confidence on the statement of sale by including the matter of the lien in it. In addition, it is necessary to reinforce legal punishment to the false and fictitious lienholder and establish the legal stability of the lien in the process of the real estate auction.

• 주택과사람들
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• s.220
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• pp.88-89
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• 2008

• The Journal of the Korea Contents Association
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• v.11 no.2
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• pp.408-415
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• 2011

A lienor of the real estate Auction procedure does not associate with the lien report truth in an existing law system, and lienor can be opposed to vendee. Malicious lienor abuses such a principle of law and loses a sale price of the deferred purpose real estate in Auction procedure by convenience of lienor. In addition, there is apt to be a case to let I do debtor and collusion and false return, and the Secured credit swell out greatly. The necessity that liability does lien report to assure Secured credi becoming the formation truth and the undertaking of lien in Auction procedure is practically acute need. I showed the legislation idea which switched present situation investigation improvement and lien by the executive officer in legal mortgage in civil law In addition, it revised introduction and the Civil Execution Act of the lien registration system and solved Obligatory Report of the Lien about lien for a legislation.

• Korean Architects
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• s.610
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• pp.108-115
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• 2020

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.83-153
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• 2015

As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

• Journal of the Korea Society of Computer and Information
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• v.17 no.8
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• pp.135-144
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• 2012

The Preferred Right that recognized in Housing Lease Protection Act Article 8 Paragraph 1 is a legal security right. The case of a small tenant whose security deposit is less than a specific sum of money to lease housing, he can get preferential payment about his a specific sum of money of security deposit in an auction procedure. Like this the Preferred Right can protect the homeless commoner also it ignores the existing legal system. But the Preferred Right has the right function that contribute to stability of homeless people's housing, on the other hand, it has the adverse function that damages to several interested parties in an auction procedure by using legal preferential protection. So, about these problems, the improvement way will propose in this study.

• Proceedings of the Korea Information Processing Society Conference
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• 2002.04b
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• pp.1159-1162
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• 2002

다수에 의한 다수에 대한 P2P 전자경매 시스템에 대한 모델과 Java 의 Jini 기술을 기반으로 하는 구축방안에 대하여 기술한다. Jini Service 형태로 네트웍에 공개되는 모든 전자경매 진행관련 정보에 대한 검색과 입찰 처리과정을 자동화 할 수 있을 뿐만 아니라, 네트웍 문제 발생에 대한 자동복원, 참가 이후 신규 공개되는 정보에 대한 비동기 자동 확인, 그리고 ACID 개념을 보장하는 트랜잭션 관리 등이 가능하다. 다양한 MIME 타입을 지원하는 컨텐츠와 EJB 를 활용할 경우 유선 및 무선 정보화장치를 통하여 모델에 참여할 수 있으며, 수동 접속된 특정 서버의 제공 정보 및 절차에 제한 받지 않는다.

• Journal of Convergence for Information Technology
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• v.11 no.2
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• pp.31-40
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• 2021

Blockchain technology is also actively studied in the real estate transaction field, and real estate transactions have various ways. In this paper, we propose a model that simplifies the authentication procedure of auction systems using Ethereum's Ether to solve the problem of offline court auctions. The proposed model is written in Ethereum's Solidity language, the court registers the sale date and the sale date with the DApp browser, and the bidder accesses the address of the individual's wallet created through Metamask's private key. The bidder then selects the desired sale and enters the bid price amount to participate in the auction. The bidder's record of the highest bid price for the sale he wants is written on the Ethereum test network as a smart contract. and creates a block. Finally, smart contracts written on the network are distributed by the court auction manager to all nodes in the blockchain network, and each node in the blockchain network can be viewed and contract verified. As a result of analyzing the smart contracts of the proposed model and the performance of the system, there are fees incurred due to the creation and use of Ether on platforms using Ethereum, and participation. Ether's changes in value affect the price of the sale, resulting in inconsistent fees in smart contracts each time. However, in future work, we issue our own tokens to solve the market volatility problem and commission problem with the value change of Ether, and refine complex court auction systems.

• The Journal of the Korea Contents Association
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• v.13 no.5
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• pp.223-233
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• 2013

As the injunctive effect on the real estate gets announced in public once the seizure register gets exercised in terms of auction and the action of disposal by the real estate owner afterwards becomes nullified in the relationship with a seizure creditor or a successful bidder, the register performed by the cause of disposal action that cannot confront with the seizure or provisional seizure, becomes cancelled in virtue of a registration officer's office. Accordingly, in case of being a singular successor who relatively loses property in a relationship toward the successful bidder due to the injunctive effect of provisional seizure, the identity with building owner and land owner as the precondition of establishing legal superficies according to the custom must be decided based on the time of provisional seizure. The Supreme Court Decision 2010Da52140 delivered on October 18, 2012 has great significance from the fact that it has settled inconsistency in existing precedent cases with such purpose.

• Journal of Legislation Research
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• no.41
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• pp.261-302
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• 2011

A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.