• Journal of the Korean Professional Engineers Association
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• v.33 no.2
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• pp.18-21
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• 2000

As consumer, one of the most important things how to get manufactured good is an assurance of quality. We have a consumer protection law which is weaker than product liability law(so called PL law), but stronger than civil law. In this special issue, we want to explain PL law which will be legislated within not long time and to propose a method of protection and defence in building and housing field. As the quality control of constructor, ISO 9000 series for quality assurance and CM (Construction Management) for quality assister are concerned in all construction process. Therefore, above mentioned PL law is very serious problems which are applied in apartment housing, if applied, a little part as not real estate will be possible.

• Proceedings of the Korean Society of Computer Information Conference
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• 2019.07a
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• pp.191-194
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• 2019

법률행위로 인한 부동산물권변동의 성립요건인 부동산등기는 부동산이라는 재산의 물권변동관계를 등록하는 매우 중요한 업무이고, 또한 부동산과 관련한 권리관계와 상황이 실체관계와 일치하도록 명확히 공시하는 것을 목적으로 하는 제도이다. 이러한 등기업무가 그동안 종이등기부에 기초한 수작업인 관계로 부동산 거래가 증가할 경우 처리기간의 장기화와 천재지변에 따른 문서훼손 등을 막기 위한 대처방안이 절실히 요구되는 시기에 정보통신기술의 급격한 발전과 함께 사법부의 정보화 추진 노력으로 2002년 전자등기업무 시스템이 구축되면서 종이등기부가 전자등기부로 전환되었다. 그러나 세계적으로도 큰 사업이었고, 공간적 제약의 최소화와 대국민 서비스의 품질의 극대화 차원에서 성공적으로 잘 운영되고 있는 부동산전자등기 업무에 있어서 다양한 정보를 제공받지 못한 관계로 인한 손해, 등기공신력과 전자등기신청 시 공인인증서 보안문제 등이 대두되고 있다. 따라서 본 연구에서는 문제점을 파악하고, 철저한 보안을 통한 위험성을 차단하고 국민들에게 신뢰와 편의성이 제공될 수 있는 효율적인 개선방안을 제시하였다.

• Journal of Cadastre & Land InformatiX
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• v.47 no.2
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• pp.255-275
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• 2017

In every country, land has always been considered a particularly important resource and property. For Vietnam, a populous country with a relatively narrow cultivated land, the land is even more valuable because property is scarce in the process of building and developing the nation. Therefore, land administration is highly valued by the Vietnamese government and is a big priority. The study of land law and land policy in Vietnam from 1945 to present is a comprehensive view of the changes in land administration policy in Vietnam in each historical period. The study also provides the experiences and lessons learned in the field of land law and land administration in a country that has risen from the ashes of war, has accomplished reunification and has transformed from a centrally-planned economy, a feature of the communist economy, to a socialist-oriented market economy.

• Korean Journal of Construction Engineering and Management
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• v.6 no.3 s.25
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• pp.135-143
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• 2005

The purpose of this study is to diminish the risk through identifying the risk factors occurring in the process of real estate development projects, and analyzing and coping with the risk factors, and enable stable advance in the development process by improving the roles and work distribution of the project investor. The results of this study are as follows : 1) identifying the risks of contractions from the step of selecting the sites must be made possible through supplemental human resources expertise in plan and construction of the operation 2) as an improvement scheme, heightening the penetration wall of development projects from the investors, proposing a registration law and a selection standard of construction companies to investors' cooperating companies enabling the growth of superior investors.

• Proceedings of the Korean Society of Computer Information Conference
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• 2016.07a
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• pp.141-143
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• 2016

2016년 5월 19일 대법원은 전원합의체판결에서 부동산 매수자가 본인 명의로 소유권이전등기를 하지 않고 등기를 매도인에게서 직접 명의수탁자로 이전하는 제3자간 명의신탁(중간생략등기형 명의신탁)의 경우 명의수탁자가 신탁부동산을 임의로 처분하여도 형사처벌를 할 수 없다는 판결을 하였다. 본 논문에서는 민법과 형법의 교차영역인 명의신탁에서 민사사건의 형사화를 지양했다는 점에서 긍정적인 평가를 하지만 이에 따른 관련법의 정비를 통한 법개정을 제안한다. 즉, 명의신탁에 관한 법제 간 모순을 극복하기 위해 '부동산 실권리자명의 등기에 관한 법률'의 개정이 요구된다. 또한 부동산소유자가 그 등기명의를 타인에게 신탁하기로 하는 명의신탁약정을 맺고 그 등기명의를 명의수탁자에게 이전하는 소위 2자간 명의신탁의 경우도 비범죄화를 함으로써 법체계의 논리성과 통일성을 확보할 필요가 있다.

• Korean Journal of Construction Engineering and Management
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• v.22 no.2
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• pp.3-11
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• 2021

Myanmar is an undeveloped country with high development value among Asian countries. Therefore, various countries including the U.S. are considering entering the market. In this respect, demand for real estate development project is forecast to grow on increased inflow of foreigners and Myanmar's economic growth. However, Myanmar is a high-risk country in terms of overseas companies, including national risk. In this study, we conducted an in-depth interview with experts (law, finance, technology, and local experts) after analyzing data on Myanmar to extract risk-causing factors. Through this, 106 risk factors were extracted, and the final risk classification system was established by conducting three-time groupings using the affinity diagramming. And the relative importance of each factor was presented using the analytic hierarchy process (AHP) technique. As a result, the country-related risk, the fund-related risk, and the pre-sale-related risk were highly important. The research results are expected to provide risk management standards to companies entering the Myanmar real estate development type project.

• The Journal of the Korea Contents Association
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• v.7 no.8
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• pp.199-206
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• 2007

Capital gain comes from the transfer gain which is occurring by transferring assets except inventory assets. Our government recently has made capital gain tax on real estates and imposed as classified income tax by including it into aggregate income so that provide function of tax and curb property speculation. However the present income tax law imposes capital gain tax on capital profit including real estate and securities, while this law and the special tax treatment control law implement non-taxation and tax exemption too widely. That is to say, the system of capital gain tax can hinder the fair tax because it has various exemption terms including the non-taxation principle on a house for a family and the special tax treatment law. And also it has a problem in the sense of equity because it imposes tax by progressive tax rate on the subjects of capital gain tax considering them as the profit of that year, which were transferred, so there is difference between the income which has been made for a long time and the income made for a short time even in the same capital gain. Therefore this study identifies some issues surrounding the present capital gain tax system and focuses on presenting reasonable development plan.

• Journal of the Korean Data and Information Science Society
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• v.27 no.3
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• pp.639-651
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• 2016

"Law on price announcement for real estate" which was revised as of Jan. 19, 2016 (will be enforced as of Sep. 1, 2016) decided the introduction of 'Price announcement system for non-residential property' for the first time. However, its introduction seems to be delayed based on two reasons. Firstly the methodology for introduction of non-property system is not definitized, despite many problems were brought up for current tax base of non-residential property. In addition, changes in tax base will place a burden on the government. In this regard, this study analyzed actual transaction price data throughout one year to analyze equity of taxation for non-residential property and to find major factor which affects on the tax base, in relation with the change of current public announcement system to actual transaction based system. And this is the first study that applied actual transaction price to non-residential property.

• Korea Real Estate Review
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• v.24 no.1
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• pp.77-90
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• 2014

With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.119-136
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• 2015

The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.