• Title/Summary/Keyword: 등기제도

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Blockchain Property Registry and Smart Contract (블록체인 부동산 등기와 스마트계약)

  • Han, Zonghie
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.25 no.2
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    • pp.286-293
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    • 2021
  • Smart contract based on the blockchain technology can be applied to the real estate registry including transactions. The Ethereum coin using multi layered protocol is widely accepted as the token for the smart contract. Block chain smart contract using SOLIDITY or PYTHON can mediate transactions auch as sale or lease, creating various scenarios in the property market. Those smart contract can construct the basis for the blockchain real estate registry, which is expected to overcome conventional transaction costs concerning the national law system, the asymmetric information and the currency exchange. The advantages of blockchain technology, namely security, decentralization, global transparency and openness can be applied to the smart contract system on the property registry. Several countries have advanced such blockchain real estate registry project recently, but no actual implementation has been reported for years, owing to institutional and technological impasses.

Improvements for the Problem of Housing Lease Protection Act Article 3-3 (주택임대차보호법 제3조의3 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.12 no.8
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    • pp.198-206
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    • 2012
  • The Lease Registration Instruction system that newly established in 4th opening a court of the Housing Lease Protection Act has regulated the following. After the lease expires, if finish the lease registering on the rental house to leaseholder who did not return the deposit. Previous opposing power and Priority Repayment Right are preserved intact. And after the leasehold registration, even if loss the claiming requisite of Housing Lease Protection Act's Article 3 Paragraph 1, already acquired opposing power and the Priority Repayment Right will not be lost. Thus, the tenants free to transfer its residences without anxiety. So it is focused on protecting tenant's rights who social and economic weak person. But in reality, did not return the expensive lease deposit. So, most tenants cannot transfer freely their residences. Or even if migration as completing the lease registration unavoidably by Lease Registration Instruction, they cannot receive their lease deposit as soon as possible, like this there are many problems. So, propose the improvement plan by this study.

A Study on Public Announcement System for Property Right of Marine Architectural Building (해양건축물의 재산권 공시제도 정비방안 연구)

  • Lee, Han-Seok;Song, Hwa-Cheol;Jung, Dae
    • 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.

Problems and Improvements of Matrimonial Property Contract (부부재산계약의 문제점과 개선방안)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2015.07a
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    • pp.111-114
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    • 2015
  • 민법상 인정하고 있는 부부재산제도는 부부별산제의 원칙 아래 부부재산계약을 따로 두고 있는 형태이다. 부부재산계약은 혼인신고를 하기 전 두 당사자가 재산관계에 대해 합의한 사항을 등기하면 제3자에 대해서도 효력이 있도록 하는 제도로, 부부별산제의 예외가 된다. 부부별산제(민법제830조)는 부부의 일방이 결혼 전부터 갖고 있던 재산과, 결혼 생활 도중 자신의 명의로 취득한 재산을 그 개인의 것으로 보고, 소유가 불분명한 경우만 공유로 추정하고 있다. 따라서 재산의 관리, 사용, 수익은 소유자가 하게 된다. 결국 부부의 공동으로 형성된 재산이라도 소유자가 모든 권리를 행사할 수 밖에 없어 명의를 갖지 못한 부부일방은 재산적인 침해를 받을 수 있는 등 형식적 평등에 불과하고 실질적인 부부의 경제적 평등을 보장받지 못하고 있는 실정이므로 양성평등과 가족법적 이념에도 어긋나는 제도라 볼 수 있다. 그리고 부부별산제가 제3자와 관계에 있어서 법적안정성을 확보할 수 있다는 장점은 있으나, 법적분쟁 시 일방배우자의 소유재산이더라도 상대방 배우자의 숨어있는 가사노동 지분에 대한 보호규정 등이 없어 문제가 제기되고 있다. 따라서 본 연구에서는 부부재산제도의 문제점을 파악해보고 이를 근거로 합리적인 개선방안을 제시하고자 한다.

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Consolidation of Protection for Lessees by Improvement of Opposing Power System of the Unregistered Housing Leases (미등기 주택임대차의 대항력 관련 제도개선을 통한 임차인보호 강화)

  • No, Hann-Jang
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.466-475
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    • 2014
  • According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

A Study on Reform for Subordinate Laws of the Marine Leisure Safety Act (수상레저안전법 하위법령 개정방안)

  • Lee Yun-Cheol;Yeo Sook-Kyung
    • Proceedings of KOSOMES biannual meeting
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    • 2005.11a
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    • pp.111-124
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    • 2005
  • Small vessels of less then 20 tonnage and leisure boots such as motor boots, sailing yachts, water motorcycle, etc have been excluded from the rules and regulations such as Marine Leisure Safety Act, Ship Act and Ship Safety Act for a long time in Korea As a result, these small vessels and leisure boots have remained within the blind area of maritime safety and environment protection Among these vessels and boots, some leisure boots such as motor boots of 20 horse power or more(excluding motor boots equipped with engine inside the vehicles), water motorcycles and robber boots of 30 horse power or more are incorporated into the Marine Leisure Safety Act through the registry, safety inspection, insurance early 2005 in Korea In relation to the scope of application of the national Acts concerned, I consider the conflicts between Acts and suggest the subordinate enforcement ordinance and regulations.

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A Study on the Methodologies for Revaluation Cadastral Records (지적공부의 재정리에 관한 연구)

  • 정영동;최한영;조형식
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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    • 2004.04a
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    • pp.501-506
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    • 2004
  • Korean cadastral system is primarily based on the graphical maps, thus, map reproduction by excessive shrinkage or extension, map mishandling and imperfection of surveying techniques have created cadastral non-coincident areas, which caused public distrust as well as considerable difficulties in land administration and policy making. Therefore, in this study, the methodologies for the resolution of the non-coincident problem are presented by means of a comparative analysis between cases of the non-coincident areas. The non-coincidence caused by the mismatch of parcel boundaries can be settled by introducing a coordinate-based system, namely $\ulcorner$Integrated Land Information System$\lrcorner$, meanwhile, those by other reasons can be done by establishing and executing a plan that can deliver the unification of the cadastral and the land registration systems. Governmental intention and budgetary measures for securing the project expenses are essential to make this feasible. If the comprehensive improvement project is completed, the cadastral registers that define the parcel boundary, area and ownership will recover public confidence, which in turn secures land owners' rights by promoting land markets and stabilizing land prices.

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양송시기(兩宋時期)의 의정사(醫政史)에 관한 연구

  • Park, Hyeon-Guk;Kim, Jae-Cheol;Kim, Gi-Uk
    • Journal of Korean Medical classics
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    • v.19 no.3
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    • pp.65-99
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    • 2006
  • 송대통치자희환의약병중견의학적발전. 축소궁정의료궤구(縮小宮廷醫療机構), 각확대평민의료여의약유관적자선궤구이개선백성의료조건적정책방향흔진보적. 장의적엄범지수집, 교정(校訂), 편찬(編纂), 반포이수존의학문헌(頒布以收存醫學文獻), 병차위의학적전파화보급작출봉헌. ${\ulcorner}$내경(內經)${\lrcorner}$, ${\ulcorner}$상한(傷寒)${\lrcorner}$ 등기초이론적연구방면상야운용(等基礎理論的硏究方面上也運用), 금원시기성위료학술쟁론적기출, 저시송대의정상최성공적정책(這是宋代醫政上最成功的政策). 유정부엄구약물, 수정본초병건립제약공창화약점(修訂本草幷建立製藥工廠和約店), 전매약물(專賣藥物), 개혁제형, 이발전'성약'(以發展'成葯'), 통일용약적규범등(統一用藥的范等), 저양적조시향약물적발전화의약적민중화흔대적영향. 의약교육방면상(醫藥敎育方面上), 재태의국화국자감리건립적'의학'교육제도유흔다건공, 궤구적예속, 전과(專科) 적분과(的分科), 고시제도(考試制度), 학교관리등도적료신경험(學校管理等都積了新驗), 의학상이'삼사법'(醫學上以'三舍法') '공액'위려의학교육적조시('貢額'爲勵醫學敎育的措施), 저치득긍정적(這値得肯定的). 송대의학교육상야유과착(宋代醫學敎育上也有過錯). 비여(譬如), 인제도적존폐이유실교육적연속성(因制度的存廢而有失敎育的連續性), 이방애의약교육경금적척축화계승(以妨碍醫藥敎育經驗的積蓄和繼承), 불단결핍잠력, 상실동력이차몰건립전문약학교육(喪失動力而且沒建立專門藥學敎育). 대부분수요의정궤구적건립(大部分需要醫政机構的建立). 단시유례속관사흔옹제적문제, 인위피상부소속궤관소견체소이불구통일적지도화협조, 최고의정궤구'한임의관원'야몰유통제의약궤구적권한(最高醫政机構'翰林醫官院'也沒有統制醫藥机構的權限), 직책중복(職責重複), 인원과잉(人員過剩), 의관원본신이야유흔다과잉리인원, 부구엄격적관리제도. 인비송대의관관리방면상강락료총효율(因比宋代醫官管理方面上降落了總效率).

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Obligatory Report of the Lien in Real Estate Auction (부동산경매에 있어 유치권 신고의무)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.11 no.2
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    • pp.408-415
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    • 2011
  • A lienor of the real estate Auction procedure does not associate with the lien report truth in an existing law system, and lienor can be opposed to vendee. Malicious lienor abuses such a principle of law and loses a sale price of the deferred purpose real estate in Auction procedure by convenience of lienor. In addition, there is apt to be a case to let I do debtor and collusion and false return, and the Secured credit swell out greatly. The necessity that liability does lien report to assure Secured credi becoming the formation truth and the undertaking of lien in Auction procedure is practically acute need. I showed the legislation idea which switched present situation investigation improvement and lien by the executive officer in legal mortgage in civil law In addition, it revised introduction and the Civil Execution Act of the lien registration system and solved Obligatory Report of the Lien about lien for a legislation.

A Study on the Methodologies for Resolving Cadastral Non-Coincidence (지적불부합 토지의 정리방안에 대한 연구)

  • Jung, Young-Dong;Choi, Han-Young
    • Journal of Korean Society for Geospatial Information Science
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    • v.11 no.3 s.26
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    • pp.55-63
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    • 2003
  • Korean cadastral system is primarily based on the graphical maps, thus, map reproduction by excessive shrinkage or extension, map mishandling and imperfection of surveying techniques have created cadastral non-coincident areas, which caused public distrust as well as considerable difficulties in land administration and policy making. Therefore, in this study, the methodologies for the resolution of the non-coincident problem are presented by means of a comparative analysis between cases of the non-coincident areas. The non-coincidence caused by the mismatch of parcel boundaries can be settled by introducing a coordinate-based system namely ${\ulcorner}$Integrated Land Information System${\lrcorner}$, meanwhile, those by other reasons can be done by establishing and executing a plan that can deliver the unification of the cadasoal and the land registration systems. Governmental intention and budgetary measures for securing the project expenses are essential to make this feasible. If the comprehensive improvement project is completed, the cadastral registers that define the parcel boundary, area and ownership will recover public confidence, which in turn secures land owners' rights by promoting land markets and stabilizing land prices.

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