• Title/Summary/Keyword: 등기절차

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The Study of Cost Estimation Model for Software Maintenance (소프트웨어 유지보수 견적모델 구현 사례 연구)

  • Park, Joon-Woo
    • Proceedings of the Korea Information Processing Society Conference
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    • 2010.04a
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    • pp.911-914
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    • 2010
  • 대법원 등기업무시스템의 유지보수시 적용된 CSR(Court Service Request)견적모델의 구축 사례에 대한 연구를 통하여 소프트웨어 유지보수시 변경된 모듈뿐만 아니라 모듈 이외의 작업에 소요된 공수 그리고 시스템 특징과 유지보수 절차를 고려한 비용산정 모델을 제시하고자 한다.

Obligatory Report of the Lien in Real Estate Auction (부동산경매에 있어 유치권 신고의무)

  • Park, Jong-Ryeol
    • 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.

Injunctive Effect of Provisional Seizure and Legal Superficies according to the Custom -Supreme Court Decision 2010Da52140 delivered on October 18, 2012- (가압류의 처분금지효와 관습상 법정지상권 -대법원 전원합의체 2012. 10. 18. 선고 2010다52140 판결-)

  • Chung, Ku-Tae
    • 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.

Consolidation of Protection for Lessees by Improvement of Opposing Power System of the Unregistered Housing Leases (미등기 주택임대차의 대항력 관련 제도개선을 통한 임차인보호 강화)

  • No, Hann-Jang
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.466-475
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    • 2014
  • According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

The Improvements of Preferred Right on the Housing Lease Protection Act (주택임대차보호법상 최우선변제권에 대한 개선방안)

  • Park, Jong-Ryeol;Joung, Soon-Hyoung
    • 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.

A Case Study on Legal Systems related to Floating Building (플로팅 건축물 관련 국내외 법제도 사례 연구)

  • Lee, Han-Seok;Lee, Myung-Kwon;Kang, Young-Hun
    • Journal of Navigation and Port Research
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    • v.36 no.6
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    • pp.449-458
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    • 2012
  • Recently many different floating buildings are planed and constructed in the sea, river, etc. for active use of water spaces. But many problems are occurred in the process of floating building design, construction and management due to the inadequate legal system. This incomplete legal system has become one of the critical factors which are hampering the invigoration of floating buildings. Therefore this study is to suggest preliminary data and improvement directions through a case study with domestic and foreign examples of appropriate laws and law applications concerning floating buildings. As the results of this study the laws related to floating building have to be revised in the directions of qualifying legally floating building as 'building' but not 'ship', designating 'special zone' for floating building site, and applying the established 'building licensing procedure' to floating building also.

A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • 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.

A Case Study on the Ownership Registration in the Joint Ownership Forest (공동소유(共同所有) 사유림(私有林)의 소유권(所有權) 정리실태(整理實態)에 관(關)한 사례(事例) 연구(硏究))

  • Kim, Jong Kwan
    • Journal of Korean Society of Forest Science
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    • v.65 no.1
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    • pp.92-95
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    • 1984
  • The status of the forest owners and the ownership arrangement has been surveyed in the joint ownership forest of the total 250.59 ha, 17 plots including plot No. 2, in Cha-ri, Duseo-myeon, Ulju-gun, Kyongnam. It has been surveyed that the total number of the practical owners relevant to the ownership is 133 persons. However, the number of the owners is recorded as 55 person in the official documents and there has been a big difference between the number of the practical owners and that of the practical owners and that of the owners in the official documents. As 79 forestowners, 59% of the total forestowners, can not be certainly guaranteed in the execution of their legal rights to the ownership, it could be one of the factors which will hinder the promotion of the investment willingness to forest works. In order to go through with the formality of the ownership registration correspond to reality, some necessary works such as the boundary survey should be followed. Therefore it is required that any governmental or public organizations should take part in technical and financial aids to solve these matters.

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