• Title/Summary/Keyword: 법원경매

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A Study on Court Auction System using Ethereum-based Ether (이더리움 기반의 이더를 사용한 법원 경매 시스템에 관한 연구)

  • Kim, Hyo-Jong;Han, Kun-Hee;Shin, Seung-Soo
    • Journal of Convergence for Information Technology
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    • v.11 no.2
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    • pp.31-40
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    • 2021
  • Blockchain technology is also actively studied in the real estate transaction field, and real estate transactions have various ways. In this paper, we propose a model that simplifies the authentication procedure of auction systems using Ethereum's Ether to solve the problem of offline court auctions. The proposed model is written in Ethereum's Solidity language, the court registers the sale date and the sale date with the DApp browser, and the bidder accesses the address of the individual's wallet created through Metamask's private key. The bidder then selects the desired sale and enters the bid price amount to participate in the auction. The bidder's record of the highest bid price for the sale he wants is written on the Ethereum test network as a smart contract. and creates a block. Finally, smart contracts written on the network are distributed by the court auction manager to all nodes in the blockchain network, and each node in the blockchain network can be viewed and contract verified. As a result of analyzing the smart contracts of the proposed model and the performance of the system, there are fees incurred due to the creation and use of Ether on platforms using Ethereum, and participation. Ether's changes in value affect the price of the sale, resulting in inconsistent fees in smart contracts each time. However, in future work, we issue our own tokens to solve the market volatility problem and commission problem with the value change of Ether, and refine complex court auction systems.

A Development of Court Auction Information System using Time Series Forecasting (시계열 예측을 이용한 법원경매 정보제공 시스템 개발)

  • Oh, Kab-Suk
    • Journal of the Korean Institute of Intelligent Systems
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    • v.16 no.2
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    • pp.172-178
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    • 2006
  • This paper presents a development of court auction information system using time series forecasting. The system forecast a highest bid price for claim analysis, and it is designed to offer an quota information by the bid price. For this realization, we implemented input interface of object data and web interface of information support. Input interface can be input, update and delete function and web interface is support some information of court auction object. We propose a forecasting method of a highest bid price for auto-claim analysis with real time information support and the results are verified the feasibility of the proposed method by experiment.

A Forecasting Method for Court Auction Information System using Exponential Smoothing (지수평활을 이용한 법원 경매 정보 시스템의 낙찰가 예측방법)

  • Oh, Kab-Suk
    • Journal of the Korea Society of Computer and Information
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    • v.11 no.5 s.43
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    • pp.59-67
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    • 2006
  • This paper proposes a forecasting method for court auction information system using exponential smoothing. The system forecast a highest bid price for claim analysis, and it is designed to offer an quota information by the bid price. For this realization, we implemented input interface of object data and web interface of information support. Input interface can be input, update and delete function and web interface is support some information of court auction object. We propose a forecasting method using exponential smoothing of a highest bid price for auto-claim analysis with real time information support and the results are verified the feasibility of the proposed method by experiment.

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The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.83-153
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    • 2015
  • As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

A Proptech O2O(Online to Offline) Platform for Court Auction Agent (입찰대리인 선정을 위한 프롭테크 O2O 플랫폼)

  • Jaekyung Nam;Eru Choi;Seongjun Kim;Jeongsu Im;Min Choi
    • Proceedings of the Korea Information Processing Society Conference
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    • 2023.05a
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    • pp.20-22
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    • 2023
  • 본 연구는 부동산 경매 기일에 해당 지방법원 현장에 참석하기에 어려움을 느끼는 많은 개인(수요자)들을 위하여 해당 지역에 거주하는 입찰대리인들을 효율적으로 연결해주는 플랫폼이다. 본 플랫폼은 입찰대리인과의 입찰대리 계약을 체결해주는 플랫폼으로서, 입찰대리인은 기일에 경매법정에서 해당 수요자의 입찰행위를 대행한다. 이를 통해 부동산 경매 사건에 관심이 있음에도 불구하고, 시간/장소 측면의 제약으로 인하여 참여하지 못하는 대다수의 직장인들이 부동산 경매 입찰할 수 있다.

A Study on the Improvement of the Lien System in Real Estate Auction - Focused on the Procedural Law - (부동산경매에서 유치권 제도 개선에 관한 연구 - 절차법을 중심으로 -)

  • Hwang, Hee-Sang;Park, Chang-Soo
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.5
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    • pp.757-763
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    • 2011
  • This study was intended to identify the problem of the lien in relation to the real estate auction and present its improvements in terms of procedural laws. To resolve the problem of the lien in the real estate auction, it is valid that the Vollstreckungsgericht needs to set the certain standard in relation to the possession of real estate and notify it at the first date of sale by judging whether the lien can be established. And the institutional improvement is required to obligate one to report the lien in the procedures of the real estate auction and reinforce the survey of the present condition of the lien. And it is necessary to impose the more public confidence on the statement of sale by including the matter of the lien in it. In addition, it is necessary to reinforce legal punishment to the false and fictitious lienholder and establish the legal stability of the lien in the process of the real estate auction.

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.

A Study on Legal Argument to the Overstorage Charge on the Long Storage Containers (장기체화 화물에 대한 경과보관료 적용에 관한 법률쟁점 - 부산지방법원 2011. 8. 18. 2009가합14442 판결 평석 -)

  • Ji, SangGyu
    • Journal of Korea Port Economic Association
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    • v.28 no.4
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    • pp.275-298
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    • 2012
  • Terminal operators have provided special services such as loading, discharging, stowage of cargo to the owner, and carriers of the sea, which contribute the domestic and international logistics. For smooth flow of logistics, container terminal should reserve spaces for inbound and outbound logistics. However, if it is unable to provide the spaces, which can be caused by labour strikes or terminal lockouts and so on, national logistic system and financial management of terminal operators can be seriously affected. In order to minimize these kinds of problems, terminal operators impose high rate of charges ("overstorage charge") to the accumulated cargoes and/or containers, which are stipulated in terminal service agreement. Nevertheless, if there is no terminal service agreement with an owner of cargo and/or container, any kind of charge can cause legal problems (conflict ??) between the cargo and terminal operator. In this regard, I would like to study on the definition of overstorage charge and the legal issue of it based on the Busan district court's judgment. In particular, I will propose a special right of commercial lien and public auction for terminal operators to settle accumulated cargoes in container terminal.

발명하는 사람들-제55호

  • Han, Mi-Yeong
    • The Inventors News
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    • no.55
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    • pp.1-16
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    • 2007
  • 선진국가 선도하는 창의적 여성경제리더 양성하자/발명지도사.시제품제작지원 시행/발행인 칼럼/특허심사처리 세계에서 가장 빠르다/글로벌 기업, 한국 특허청에 심사의뢰 쇄도/국유특허권 온라인 전자계약 시행/특허기술, "기술경매" 로 산다/여성발명인 거유 활동 영역 넓어/감귤와인 특허획득 이어 독일 등 해외 수출 기대/미더덕 냉동 않고도 장기 보관/특허민원서식 대폭 감축/특허청, 개도국 지원사업 대폭 확대/기상청, 날씨예보기술로 특허 받아/우리나라 국제특허출원 수준 세계 6위/건강관련 브랜드 상표출원 증가/친환경수로관 '도룡용 살린다'/고등학교에 첫 발명창작과 개설/욕조, 웰빙 휴식공간으로 자리매김/가습기, 공기정화.탈취.방향 등 다기능화/패치제 특허출원 해마다 증가/일 특허청, 분할출원기간 30일 연장/중 법원, 비아그라 특허군 인정/국내 제약사 유유 "미머크사 특허 침해" 주장/삼성전자, 지난해 미 특허 2천4백53건으로 2위/기업심볼마크는 단순, 상표는 길어져/LG전자 "대우일렉이 드럼세탁기 특허권 침해했다"/유.무선 통합 '원폰 서비스' 기술 개발/암환자 울린 과대광고제품 1백억원대 판매 적발/맥도날드 '해피밀' 광고 퇴출/세원셀론텍, 콜라겐 원천기술 특허/역사 속의 발명품/하루 10분 발명교실/특허Q&A/'S&D Trecap' 황지경 대표/경기도, 여성분야 소상공인창업자금 신설/특허청, 세계지식재산기구(WIPO) 진출확대/아이디어 착상 및 발명 기법/여성발명 활성화만이 국가경쟁력 키우는 첩경/히로자키의 광엽수 진액/해외 네티즌 인기 화제의 발명품들/여성기업 생산제품 MAS시 적격성 평가 면제/특허청, 시작품제작지원 5천만원까지 확대/지난해 짝파라치에게 3억2천3백만원 포상금 지급/입체방송 분야 특허출원 봇물/트랜스지방 퇴출 시민단체 '토트랜스 클럽' 출현/한국여성발명협회 회원사 발명품 가이드/

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A Legal Study on the International Trade of stolen/lost artworks: Focused on Illegal trafficking of cultural property (점유이탈 예술품의 국제거래에 관한 법적 연구 - 문화재를 중심으로 -)

  • Jung, Seungwoo
    • Korean Association of Arts Management
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    • no.51
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    • pp.191-219
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    • 2019
  • Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.