• Title/Summary/Keyword: 관습상 법정지상권

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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.

Legal Superficies (법정지상권)

  • Kim, Hyun-soo;CHO, HAK-RAE
    • Journal of the Korea society of information convergence
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    • v.5 no.2
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    • pp.37-47
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    • 2012
  • I generalized and analyzed the Supreme Court's judgements sentenced form Cho Sun High Court of Jus-tice to the present. Morever I tried to establish the system of a theory for surface rights from the viewpoint of the conventional law and present the direction in law-making political side. 1. The legal surface rights from the viewpoint of the conventional law have not been admited by the usage. Therefore I studied in detail its history, examples of foreign law-making, recognition authority and application object.

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Structure and expression of legal principles for artificial intelligence lawyers (인공지능 변호사를 위한 법리의 구조화와 그 표현)

  • Park, Bongcheol
    • Journal of the International Relations & Interdisciplinary Education
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    • v.1 no.1
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    • pp.61-79
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    • 2021
  • In order to implement an artificial intelligence lawyer, this study looked at how to structure legal principles, and then gave specific examples of how structured legal principles can be expressed in predicate logic. While previous studies suggested a method of introducing predicate logic for the reasoning engine of artificial intelligence lawyers, this study focused on the method of expressing legal principles with predicate logic based on the structural appearance of legal principles. Jurisprudence was limited to the content of articles and precedents, and the vertical hierarchy leading to 'law facts - legal requirements - legal effect' and the horizontal hierarchy leading to 'legal effect - defense - defense' were examined. In addition, legal facts were classified and explained that most of the legal facts can be usually expressed in unary or binary predicates. In future research, we plan to program the legal principle expressed in predicate logic and realize an inference engine for artificial intelligence lawyers.