• Title/Summary/Keyword: Mortgage

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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.

Forecasting Power of Range Volatility According to Different Estimating Period (한국주식시장에서 범위변동성의 기간별 예측력에 관한 연구)

  • Park, Jong-Hae
    • Management & Information Systems Review
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    • v.30 no.2
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    • pp.237-255
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    • 2011
  • This empirical study is focused on practical application of Range-Based Volatility which is estimated by opening, high, low, closing price of overall asset. Especially proper forecasting period is what I want to know. There is four useful Range-Based Volatility(RV) such as Parkinson(1980; PK), Garman and Klass(1980; GK) Rogers and Satchell(1991; RS), Yang and Zhang(2008; YZ). So, four RV of KOPSI 200 index during 2000.5.22-2009.9.18 was used for empirical test. The emprirical result as follows. First, the best RV which shows the best forecasting performance is PK volatility among PK, GK, RS, YZ volatility. According to estimating period forcasting performance of RV shows delicate difference. PK has better performance in the period with financial crisis of sub-prime mortgage loan. if not, RS is better. Second, almost result shows better performance on forecasting volatility without sub-prime mortgage loan period. so we can say that forecasting performance is lower when historical volatiltiy is comparatively high. Finally, I find that longer estimating period in AR(1) and MA(1) model can reduce forecasting error. More interesting point is that the result shows rapid decrease form 60 days to 90 days and there is no more after 90 days. So, if we forecast the volatility using Range-Based volaility it is better to estimate with 90 trading period or over 90 days.

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Feasibility Survey on the Introduction of Forest Land Bank System focusing on Forest Owners, Non-forest Owners, and People Who Return to the Farm (산주와 비산주 및 귀농·귀촌인을 대상으로 한 산지은행제도 도입 타당성 설문조사)

  • Kim, Jong Ho;Kim, Won Kyung;Kwon, Soon-Duk
    • Journal of Korean Society of Forest Science
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    • v.103 no.2
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    • pp.278-286
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    • 2014
  • Forestry management problems in South Korea have been caused by small and scattered forest lands, aging forest owners, and the increase of absentee forest owners. To solve these problems, it is a time to consider the introduction of forest land bank system for the expansion of forestry management scale, the effective management of neglected forest lands, and the stable livelihood support for aged forest owners. Therefore, this research implemented the questionnaire survey of necessity, expectation, willingness to use, and introduction plans for the forest land bank system in order to examine the feasibility and demand of the system focused on forest owners, non-forest owners, and people who return to the farm. The questionnaire survey was conducted for 262 of resident forest owners, 152 of absentee forest owners, 427 of non-forest owners, and 101 of people who return to the farm. 77.5% of forest owners and 63.8% of non-forest owners agreed with the necessity of the introduction for the forest land bank system. Both forest owners and non-forest owners would prefer to use forest land reverse mortgage and leasing among projects of the forest land bank. In addition, 75% of people who return to the farm also expected that forest land bank would be helpful to their rural and mountain life, and they would have higher preference to participate in leasing and buying forest lands than other projects. Based on the outputs of the feasibility and demand survey in this research, this study can play a key role in determining basic direction, major functions, types and range of projects as well as providing information for establishing policies of the forest land bank system.

A study on the Introduction Plans of Forest Land Bank System (산지은행제도의 도입방안에 관한 연구)

  • Kim, Jong-ho;Kim, Won Kyung;Kwon, Soon-duk
    • Journal of Korean Society of Forest Science
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    • v.104 no.3
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    • pp.503-511
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    • 2015
  • The purpose of this study is to suggest the introduction plans of forest land bank system for effective forestry management as well as the livelihood stability support of aged forest landowners. It is expected that forest land bank system can contribute to solve forestry management problems caused by small and scattered forest lands, aging forest landowners, and the increase of absentee forest landowners. This study examined an existing related case of Farmland Bank system, and suggested basic directions, main functions, priority, and agency for forest land bank system. The goals of forest land bank system include activating private forest land management, improving forest management scale, and supporting stable forestry income. Based on the examination of this study, main projects of forest land bank involve forest land sale and lease consignment, forest land reverse mortgage, forest land scale improvement project, and forest business recovery support program. In addition, this study discussed potential problems and their solutions in introducing and operating the forest land bank system. This study can play a key role to determine a basic direction and to establish policies of the forest land management.

Comparison of the Practical Use Condition of e-finance Portal Site between Korea and U.S.A. (한.미간 e-finance 금융포털사이트의 활용실태 비교)

  • Kim Dong-Gyoon;Cha Soon-Kwean
    • Management & Information Systems Review
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    • v.7
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    • pp.21-51
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    • 2001
  • For increasing the competitiveness and efficiency of Korea's finance industry under the new e-finance paradigm, this paper compared the practical use of finance portal site' on service parts and stage between Korea and U.S.A.. The services which can be served from site are banking, mortgage and credit loan, stock, card, retirement tax, PFM(Personal Finance Management), EBPP(Electronic Bill Presentment and Payment) and Account Aggregation and so on. The stage of site can be divided as the information provide stage which only gives information about service parts, on-line transaction stage which real-time transaction is possibile and PFM services provide stage according to development process. As a result, the beginning of finance portal service in Korea was lated about 10years and more than it of U.S.A. So the development stage of domestic portal site is still staying in the first step and the providing services and contents or business model development parts are also in the same stage than U.S.A. Resides, Korea's sites mainly focus on their first service parts even though they recently aim internet finance portal, and provide not real time transaction but finance information. On the other hand, the U.S.A. site support substantially not only various on-line transactions but also distinctive personal services like PFM(Personal Finance Management), EBPP(Electronic Bill Presentment and Payment), Account Aggregation and Trans-account, brokerage, education center, mortgage loan, mutual fund, option, pension fund and IPOs and so on. Thus, the site of Korea need to establish real type of internet finance portal which provides one-stop services on every type of finance to customers in the real time and also require the strategic integration among finance institutions. The next turn, they need to build information system and education center to give best satisfaction to customers and acquire customer information and marker environment changes and need to provide distinctive services to quality customers throughout database from this. Also the site should provide various type of banking services which refereed above like PEM, EBPP and education center etc, and the government of Korea should support the building of IT infrastructure to Physical, legal, systematic, sociocultural, technical and human resource sections. This paper provided the future movement direction of the domestic finance portal through comparison and analysis on the practical use of it between Korea and U.S.A. and also wanted to contribute for developing and reading of Korea finance portal in the new era of the finance paradigm.

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A Study on Determinants of Financial Soundness of Savings Banks (저축은행 재무건전성 결정요인에 대한 연구)

  • Bae, Soo Hyun
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.4
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    • pp.277-282
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    • 2019
  • This study analyzed the determinants of the financial Soundness of savings banks. In particular, empirical analysis was carried out on how the loan deposit ratio correlates with financial soundness after restructuring. As the restructuring of savings banks was finalized in 2014, asset management changed and it is time to analyze the financial characteristics of savings banks. In summary, the relationship between the savings bank lending rate and the NPL ratio is estimated to have a negative value at the 1% significance level. In other words, the higher the mortgage rate, the lower the substandard and below ratio. It can be said that it is not easy for a savings bank to build an aggressive loan portfolio. In other words, the more difficult it is to finance loans through savings deposits, the more likely the risk aversion tends to be. The higher the corporate loan ratio, average interest expense, and economic growth rate, the higher the risk index. The larger the asset size and the higher the loan growth rate, the lower the risk index. Increasing the mortgage rate may reduce risk-seeking behavior, but it does not mean that it is unconditionally positive for savings banks. Therefore, the loan deposit rate regulation should reduce the incentives for excessive asset expansion and manage preemptive soundness through lending portfolio management.

The Effect of Bank Loans on Housing Prices in Korea (은행 대출이 주택가격에 미치는 영향)

  • Han, Myung-Hoon
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.4
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    • pp.83-89
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    • 2022
  • This study analyzed the effect of bank loans on housing prices, classified bank loans into bank total loans, household loans, and real estate mortgage loans, and analyzed housing prices by dividing them into national-level, regional-level, and Seoul-level housing prices. The main analysis results are as follows. First, it was found that the increase in total bank loans significantly increased housing prices across the national-level, regional-level and Seoul-level. Second, it was found that household loans had a positive effect on regional-level housing prices, but were not statistically significant. In addition, the effect of bank loans on regional-level housing prices was found to be relatively small compared to the effect on national-level housing prices. Third, it was found that there was a difference in the effect of bank loans on regional-level housing prices and Seoul-level housing prices. Fourth, inflation and bank total loans had a significant positive effect on regional-level housing prices with a lag in the first quarter, and short-term interest rates had a significant negative effect on Seoul-level housing prices with a lag in the first quarter. Overall, it was found that the effect of bank loans on housing prices had a positive effect about twice that of Seoul-level rather than regional-level.

A Study on the Effect of Real Estate Policy on Real Estate Price: Focusing on Tax Policy and Financial Policy (부동산정책이 부동산가격에 미치는 영향에 관한 연구: 조세정책과 금융정책 중심으로)

  • Jin-O Jung;Jae-Ho Chung
    • Land and Housing Review
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    • v.14 no.3
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    • pp.55-75
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    • 2023
  • Based on prior studies on real estate policy, tax policy, and financial policy, this study examined how tax policy and financial policy affected real estate prices using monthly data from January 2014 to December 2021. We performed a VAR model using unit root tests, cointegration tests, as well as conducted impulse response analysis and variance decomposition analysis. The results are as follows. First, the tax regulation index and the financial regulation index had no discernible impact on housing prices. Specifically, a one-sided stabilizing regulatory policy was ineffective and, instead, led to unintended side effects, such as price increases resulting from reduced transaction volume. Secondly, mortgage rates had a negative impact on the housing sale price index. In other words, an increase in interest rates might led to a decrease in housing prices. Thirdly, an increase in the transfer difference, which involves capital gains tax, has a positive effect on housing prices. This led to rising housing prices because the transfer taxes were shifted to buyers, causing them to hesitate to make purchases due to the increased tax burden. Fourthly, both acquisition taxes and mortgage loans had relatively little impact on housing prices.

A study on the Ship Mortgages in English Law (영국법상 선박 모게지 (Mortgages) 에 관한 연구)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.58-59
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    • 2007
  • The English law of ship mortgages is successor to a very long tradition. From the earliest times loans have been required to finance maritime commerce. The term "ship" describes any kind of vessel used in navigation, while the term "ship mortgage" described a method of secured financing, under which a borrower transferred its interest in ship or other property to a creditor, to secure the payment of the debt owed by the borrower or the performance of some their obligation. The shipowner (the borrower)is known as the 'mortgagor, and the person lending the money is known as the 'mortgagee'.

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A Study on the Main Clauses of a Shipbuilding Contract and the Relevant Measures on Disputable Issues (선박수출계약의 주요 조항 및 주요 분쟁사항에 대한 대처방안의 연구)

  • Kim, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.3-44
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    • 2012
  • Shipbuilding industry is one of the most influential ones in Korea. As shipbuilding industry is labor-intensive, it contributes to enhancing both local economy and national economy. Shipbuilding industry has been downsizing since the end of 2008 due to global financial crisis caused by America's sub-prime mortgage and aggravated by European countries' fiscal deficit. As a large fund is required for a single normal shipbuilding contract, fund raising is one of the most important elements in shipbuilding contract. Shipbuilding contract, requires refund guarantee in order for a buyer to reimburse the progressive payment paid to a builder. The disputes under shipbuilding contracts are mostly settled by arbitration rather than by law suit. English laws and English courts have been preferred for the choice of law as well as for the choice of forum. Due to depreciation of the ship value since the end of 2008, a number of buyers are trying to cancel the contract by raising unjust claim under the contract. Once disputes occurs regarding shipbuilding contract, a large amount of loss is inevitable. In order to mitigate the disputes arising from the shipbuilding contract, careful caution is required in drafting a shipbuilding contract.

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