• 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.

• Korea Real Estate Review
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• v.28 no.4
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• pp.53-62
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• 2018

When the contractor does not receive payment for his work due to the client's funding default, he can take various legal measures against the client, in addition to refusing to transfer the building under construction to the client. To claim top payment priority and to demand the equal enforcement of the law by applying for compulsory auction or auction by exercising the right of lien, the contractor should know the construction phase or the point in time when he could exercise a lien or apply for a forced auction of the unregistered building. This study was conducted to examine qualification for lien and auction of an unregistered building. First, the general criteria for qualification for lien from qualification for ownership were examined. This means that an unregistered building can be subject to lien from a certain point in time in the construction phase, where the ownership is qualified as an independent real estate with minimal pillars, roofs, and walls. Second, the contents of the narrow and broad auction qualification were analyzed. As the contractor can select the appropriate legal means to reimburse the construction cost for the unregistered building, the results of this study are expected to provide the bases for qualification for lien on and auction of unregistered buildings.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.257-264
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• 2008

This study is intended to know what is the legal problems to settlement and public announcement of property right for construction of marine architectural building in Korea. Firstly, the situation and the prospect around marine architectural building are examined Secondly, the legal concepts of marine architectural building and the application of related laws are analyzed. Thirdly, the problems related to public announcement of property right of marine architectural building are suggested. Fourthly, some improvement schemes to solve the legal problems in relation with property right of buildings on the water at sea and ocean are proposed. As the conclusion, the marine architectural building can be divided into fixed-type and floating-type in order to find the proper way to handle the public announcement of property right for that sort of building. The fixed-typecan be registered as real estate according to the Building Law through the amendment of the existing related laws. But for the registration of floating-type building a new law should be made. In the near future, improvements on the legal system related with the settlement of property right of marine architectural building should be made, so that private sectors can join construction and operation of the building. Especially a new law for the floating-type marine architectural building should be made as soon as possible.

• Journal of Cadastre & Land InformatiX
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• v.48 no.2
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• pp.31-49
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• 2018

The boundaries of administrative districts are the basic system for the whole country and are closely related to the daily life of the residents. The administrative boundary of Korea is registered and managed in the cadastral study based on the intellectual study of cadastral system. There is a non-conforming land where the registration details of some cadastral studies do not match the actual situation of the land, and the cadastral rehabilitation project is implemented as a national project to create a new digital cadastral study. However, due to the cadastral rehabilitation project, there is an unreasonable parcel that the past administrative boundaries and newly registered boundaries are different from each other due to the registration of the past administrative boundaries for the newly registered cadastral studies. The purpose of this study is to identify the unreasonable administrative boundaries arising from the cadastral rehabilitation project and to identify problems in order to effectively manage the number of branches in terms of administrative and administrative efficiency in terms of registration and inhabitants management. It is expected that the legal system will be improved to legitimately control the boundary of the administrative district and to manage the boundaries of the administrative district accordingly and to provide the service and to solve the inconvenience of the nation.

• Korean Journal of Heritage: History & Science
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• v.37
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• pp.371-405
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• 2004

International circulation of cultural assets involves numerous countries thereby making an approach based on international law essential to resolving this problem. Since the end of the $2^{nd}$ World War, as the value of cultural assets evolved from material value to moral and ethical values, with emphasis on establishing national identities, newly independent nations and former colonial states took issue with ownership of cultural assets which led to the need for international cooperation and statutory provisions for the return of cultural assets. UNESCO's 1954 "Convention for the Protection of Cultural Property in the Event of Armed Conflict" as preparatory measures for the protection of cultural assets, the 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import and Transfer of Ownership of Cultural Property" to regulate transfer of cultural assets, and the 1995 "Unidroit Convention on Stolen or Illegally Exported Cultural Objects" which required the return of illegally acquired cultural property are examples of international agreements established on illegal transfers of cultural assets. In addition, the UN agency UNESCO established the Division of Cultural Heritage to oversee cultural assets related matters, and the UN since its 1973 resolution 3187, has continued to demonstrate interest in protection of cultural assets. The resolution 3187 affirms the return of cultural assets to the country of origin, advises on preventing illegal transfers of works of art and cultural assets, advises cataloguing cultural assets within the respective countries and, conclusively, recommends becoming a member of UNESCO, composing a forum for international cooperation. Differences in defining cultural assets pose a limitation on international agreements. While the 1954 Convention states that cultural assets are not limited to movable property and includes immovable property, the 1970 Convention's objective of 'Prohibiting and preventing the illicit import, export and transfer of ownership of cultural property' effectively limits the subject to tangible movable cultural property. The 1995 Convention also has tangible movable cultural property as its subject. On this point, the two conventions demonstrate distinction from the 1954 Convention and the 1972 Convention that focuses on immovable cultural property and natural property. The disparity in defining cultural property is due to the object and purpose of the convention and does not reflect an inherent divergence. In the case of Korea, beginning with the 1866 French invasion, 36 years of Japanese colonial rule, military rule and period of economic development caused outflow of numerous cultural assets to foreign countries. Of course, it is neither possible nor necessary to have all of these cultural properties returned, but among those that have significant value in establishing cultural and historical identity or those that have been taken symbolically as a demonstration of occupational rule can cause issues in their return. In these cases, the 1954 Convention and the ratification of the first legislation must be actively considered. In the return of cultural property, if the illicit acquisition is the core issue, it is a simple matter of following the international accords, while if it rises to the level of diplomatic discussions, it will become a political issue. In that case, the country requesting the return must convince the counterpart country. Realizing a response to the earnest need for preventing illicit trading of cultural assets will require extensive national and civic societal efforts in the East Asian area to overcome its current deficiencies. The most effective way to prevent illicit trading of cultural property is rapid circulation of information between Interpol member countries, which will require development of an internet based communication system as well as more effective deployment of legislation to prevent trading of illicitly acquired cultural property, subscription to international conventions and cataloguing collections.