• Title/Summary/Keyword: 부동산 범죄

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Real Estate Double Contract and It's Prevention (부동산 이중매매와 그 예방)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.9 no.7
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    • pp.325-332
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    • 2009
  • The Korean real estate transaction makes a contract after the buying and selling person concerned agreed a business condition. As for vendee, business consists of the method that I issue documents before provision and money left over provision and the registration at the same time, and register a contract deposit in vendor. However, it latent for the real estate transaction various accidents such as fraud from a contract day to time to finish a real estate registration transfer, embezzlement, double contract by the breach of trust. Nevertheless vendee comes to match vendor by an asymmetry of the information one-sidedly to the front completing a registration transfer. I may prevent stellionate by the breach of trust of vendor if I use an ESCROW system in such a responsibility blank state.

Reflections on the Possibility of Replacing the Registration System with a Blockchain System

  • Jong-Ryeol Park;Sang-Ouk Noe
    • Journal of the Korea Society of Computer and Information
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    • v.29 no.7
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    • pp.169-179
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    • 2024
  • Currently, information technologies such as blockchain and metaverse are being innovatively developed in Korea and around the world. The government has defined the innovation of these cyber-related technologies as the fourth industrial revolution and presented the Digital New Deal as an important policy of the Korean version of the New Deal, and is implementing various policies and systems related to it. This situation is expected to affect the development of the real estate registration system in Korea. Moreover, as the Supreme Court is currently promoting the transition to a future registration system, it is necessary to examine whether blockchain technology, which allows parties to exchange value without a third party guaranteeing the transaction, can be used in the real estate registration system. In order to secure the credibility of the real estate registration as electronic information under the registration system that introduces electronic registration and blockchain system, the transparency of transaction identification and real estate registration details should also be recorded using the blockchain system as a way to prevent such crimes and legal disputes. As a solution, it is worth considering how to improve the reliability of transaction identification, recognize the actual examination rights of the registrar in the foundation system of the real estate register, and increase public trust by going through the notarization stage when recording rights such as real rights, and consider how to introduce a blockchain system at this stage to ensure integrity and reliability. In the stage before the current real estate registration and study system is converted to a blockchain system, the clarity, transparency, and consistency of the real estate registration entries with the actual real estate must be established so that the real estate study can finally be recognized as authoritative, thereby ensuring the trust of the transaction parties to the real estate study system that has adopted the blockchain system in the future, and bringing us closer to the goal of real estate transactions in the form of smart contracts between the parties who have trusted it based on transparency and integrity of real estate study in the real estate transaction market.

Review of the Supreme Court Judgement on Real Estate Nominal Trust without Intermediate Registration (부동산의 제3자간 명의신탁에 관한 대법원의 판례평석)

  • Park, Kwang-Hyun
    • 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.

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Chronotope and Feeling: Gangnam Blues (시공간과 감정- 『강남1970』)

  • Kim, Miehyeon
    • Cross-Cultural Studies
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    • v.53
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    • pp.193-218
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    • 2018
  • In this essay, I examine the interactions of chronotopes in the narrative of Gangnam Blues, a film written and directed by Yu Ha and released in 2015. Bakhtin's chronotope, the connectedness of temporal and spatial relationships in literary narratives, provides the background for the representability of events and becomes the organizing center for the events. Each chronotope offers a different way of acting, interacting and understanding experience, and chronotopes can interact with each other in a single text or between the reader and the represented world. Gangnam Blues is a gangster movie, first of all, showing an individual's illusion of an unlimited possibility for achieving wealth and power. At the same time, the film describes the government's project to transform Gangam, a rural area in the south of the Han, into a new downtown and residential area for Seoul. As the world in the narrative and the world of the author or the reader are all chronotopic, we can see the interactions of chronotopes between the narrative of an individual and the historical narrative, as well as between the narrative about the beginning of Gangnam and the audience's perception of the present Gangnam. In this film, the main character's ambition is shown as part of the social desire for rapid economic achievements in the 1970s, along with high social mobility. The social desire can be explained as envy, as it is fueled by social comparisons and competitions. The main character's pursuit of money and power through the possession of Gangnam land overlaps with the envious desire for the present Gangnam shared by many. The individual's exceptional ambition and violence are not fully examined in this text. Moreover, the film's dependence on the feelings of envy to represent the individual's choice and violence can be a symptom of the lack of critical distance from social desire and envy.