• Title/Summary/Keyword: 구분소유권

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An Exploratory Study of Strata Residential Properties Problems in Peninsular Malaysia and How They are Resolved (말레이시아 주택의 구분소유권에 관한 탐색연구)

  • Mohamad, Nor Asiah
    • Journal of the Korean housing association
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    • v.26 no.6
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    • pp.53-60
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    • 2015
  • This study identifies the common problems faced by the owners of strata titles, the Management Corporation, the Joint Management Body, the Commissioner of Building (COB) as well as the Managing Agent being the stakeholders in managing strata properties. The methods employed are qualitative in nature. Analysis is done based on reports published by the relevant authorities dealing with strata residential properties as well as the case law as reported in the two leading journals in Malaysia such as the Malayan Law Journal and the Current Law Journal. The types and nature of problems are derived from the annual reports. The extent of the problems is determined based on the figures and supported by observation and interviews with the COB, being the agency directly involved in overseeing and monitoring strata properties management. The findings show that a substantial number of problems exist in the management of strata properties despite a law that allows the owners to self-managed their own properties. Having stated the status quo concerning the problems, the study also looks at the various means of resolving disputes as exist under the Malaysian housing system. The study proposes that alternative dispute resolution (ADR) modes are more appropriate in ensuring the sustainability of strata living and management.

A Study on the Dissolving Process around the Customary Common Right to Forest Utilization in Korea under the Rule of Japanese Imperialism (일제하(日帝下) 관습적(慣習的)인 산림이용권(山林利用權)의 해체과정(解體科程))

  • Bae, Jae Soo
    • Journal of Korean Society of Forest Science
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    • v.87 no.3
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    • pp.372-382
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    • 1998
  • This study aims to reveal the dissolving process around the customary common right to forest utilization through a series of policies consolidating the modern forest ownerships in Korea under the rule of Japanese Imperialism. The existence of the customary common right to forest utilization has been widely recognized since the old time. Common profitable actions in a certain area have been given to village residents to gain useful materials such as forage, timber, fuelwood, wild animals, soil, grazing, and quarry in forest, which were necessarily required for their own daily life as customary commodities. This right was divided into the right around common forests and special easement in forests. Therefore, the common forests applicable of these rights were classified into village common forests and special easement forests. Especially, General-Government granted the national forests in pre-emption to a private(88.6%, 2,463,555chungbo) or public(12.1%, 299,050chungbo). After all, most of the common forests were transferred into national forests in earlier stage and then later into public ar private forests by Japanese Imperialism.

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Criteria for the Float Distribution (여유시간 분배기준에 관한 연구)

  • Lee Gul-Chan;Kim Kyung-Rai;Shin Dong-Woo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.509-512
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    • 2003
  • The Critical Path Method(CPM) is an effective tool used for planning and scheduling. One of strong point in the CPM is what can calculate float. Float is able to prolong without having an effect on overall schedule of project, however concept and scope about ownership is not definite, because it is a by-product of project. Thus participants have had many dispute in using float because of their interests. In recent years, a few theories have evolved in an attempt to solve this problem. But the prior research did not make a reasonable distribution of float because their criteria of distribution was based on ratio for total project time. Actually, an application of float is achieved by participant's delay risk. Therefore. this paper proposes criteria for float distribution using delay risks, and the framework for the assessment of the delay risks.

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Effects of the Forest-land Registry System of the Forest Law of 1980 on the Colonial Forest-land Policy used in Korea under the influence of Japanese Imperialism (삼림법(森林法)(1908)의 지적신고제도(地籍申告制度)가 일제(日帝)의 식민지(植民地) 임지정책(林地政策)에 미친 영향(影響)에 관(關)한 연구(硏究))

  • Bae, Jae Soo
    • Journal of Korean Society of Forest Science
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    • v.90 no.3
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    • pp.398-412
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    • 2001
  • The purpose of this study is to examine the roles of the forest-land registry system in the Forest Law of 1908 and the effects this system had on the colonial forest-land policy used in Korea under the influence of Japanese Imperialism. This was started under the Profit-sharing Forest System which was one of the policies for disposing of the Korean national forests. The purpose of this system was to establish forest-land ownership, a fundamental human right. This system was enforced by the Japanese Colonial Government without regard to the customary and important right of Koreans to use the forests, and without considering the distinction between national and private forests. Koreans understood that this system was a warning sign of a tax being imposing on forest-land owners. Furthermore, Koreans thought the Japanese were using this system to deprive them of their forest-land. The strata of Koreans reporting ownership were very limited and included the intellectual(upper-middle) class, higher officials in counties and townships, relatives and relations of these officials, and survey agents. In particular the actual owners could not submit a report registering their land in this system because the required survey cost more than the value of the forest-land. Within the time period specified by the Japanese Colonial Government, about 520,000 registries were reported involving 2.2 million Jung-bo(.9917 hectare) with most of these coming during the last five months of reporting period. Koreans made a reasonable request to extend the deadline, but it was refused. After the reporting period expired there were no follow-up measures such as verification of the reported registrations nor establishment of boundaries between national and private forests. According to Article 19 in the Forest Law of 1908 about 14 million Jung-bo, which was not registered within the reporting period was nationalized. The colonial forest-land policy used in Korea by the Japanese Colonial Government was as follows : (1) to create a large number of national forests in the early period of their rule, (2) to divide these national forests into indispensible national forests and dispensible national forests, and (3) to transfer ownership of the dispensible national forests to colonial Japanese. To achieve the latter, the occupational government needed a method to insure ownership. They devised a tree-planting scheme in which the national forests classified as disposable were "loaned" and then transferred to these Japanese. The actual Korean owners claimed title to this forest-land and asked for the eviction of the new owners but the Japanese occupation government rejected these suits using the excuse that previous Korean owners did not submit the required registration report within the specified time period. In short the Principle of Forest-land Registry was used as a means to consolidate the forest-lands of Korea and distribute large portions of it to Japanese citizens after seizing it from the rightful Korean owners.

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Development of Cadastral Record Model for Introduction of 3D-Cadastre (입체지적 도입을 위한 지적공부모형 개발)

  • An, Byeong-Gu
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.28 no.1
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    • pp.107-116
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    • 2010
  • The existing cadastral record cannot meet various and changing demands on land information, improve user convenience, and raise administrative efficiency. In addition, three-dimensional parcels, or spatial objects about three-dimensional space cannot be registered in the conventional cadastral record. The limitation of cadastral information based on two dimensions is quite stressing the necessity of three-dimensional cadastral record. The purpose of this study is to develop new limns of cadastral record model in order. In register three-dimensional positions and right relations of land and buildings. This study examined land cases where space was being three-dimensionally used. As the result, cadastral record models both separated by steps and integrated were developed, which can contain matters of land, buildings, and right registration about three-dimensional land parcels. Also, this study suggested a method where a building can be separately registered according to it's the superficies division.

Legal Issues in Commercial Use of Space Resources: Legal Problems and Policy Implications of U.S. Commercial Space Launch Competitiveness Act of 2015 (우주 자원의 상업적 이용에 관한 법적 문제 - 미국의 2015년 '우주 자원의 탐사 및 이용에 관한 법률' 의 구조와 쟁점 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.419-477
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    • 2017
  • In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

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Asymmetric Watermarking Using Public Key Infrastructure (공개키 기반 구조를 이용한 비대칭 워터마킹)

  • Jun Young-Min;Yang Sun-Ouk;Kim Gye-Young
    • Journal of Korea Multimedia Society
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    • v.7 no.9
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    • pp.1282-1293
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    • 2004
  • This paper proposes an asymmetric watermarking system using Public Key Infrastructure. The distinguishing characteristic of the proposed method connects between the two different techniques, cryptography technique and watermarking technique, by using the authentication technique. The connection between the two techniques are established based on the special qualities of each technique. Watermarks that are inserted into the digital contents consist of a digital signature described as an encrypted copyright information with the private key of a distributor or a copyright holder, and an authentication code. In the situation where the ownership of the digital contents has to be decided, authentication technique examines the data integrity of the digital contents based on an authentication and decides the ownership of the digital contents by examining whether it satisfies or not satisfies the integrity test. The formal case uses decryption method which compares the user defined copyright information, and the decrypted copyright information extracted from the watermark in the digital contents that are decrypted by distributors' public key The latter case determines the ownership by comparing the similarity between encrypted copyright information separated from the watermark that are extracted from the digital contents, and the user defined encrypted copyright information that are separated from the watermark The proposed method provides protection from the assault which attempts to identify or erase the encoding key.

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A Study on Qualification for Possessory Lien on and Auction of Unregistered Buildings (미완성건물의 유치권 및 강제경매 대상적격에 관한 연구)

  • Lee, Jae Seog;Jung, Bo Seon;Lee, Sang Youb
    • 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.