• 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.

• 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.

• Journal of Legislation Research
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• no.41
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• pp.261-302
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• 2011

A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

• 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.

• 월간 기계설비
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• s.266
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• pp.32-36
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• 2012

대한설비건설협회는 그동안 설비건설업계가 공사대금을 제대로 받을 수 있도록 하도급대금지급보증제도 개선에 많은 노력을 기울여 왔다. 특히 국토해양부 장관과의 간담회를 비롯하여 건설산업 공생발전위원회를 통해 제도개선을 건의한 결과 하도급대금 지급보증 책임범위 확대 및 보증금 청구 시 청구일로부터 15일 이내에 지급토록 하는 등 건설공제조합의 약관을 개정하는 성과를 거두었다. 이로써 설비건설업계는 하도급대금 보증금을 원활히 받을 수 있게 됐다. 그러나 대한설비건설협회의 이러한 노력에도 불구하고 글로벌 금융위기 이후 100대 종합건설사 중에서 30여개 사가 부도 및 워크아웃, 법정관리 등으로 건설환경은 더욱 열악해지고 있다. 이에 따라 원도급업체가 부도날 경우 공사대금을 받을 수 있는 방법인 유치권과 하도급대금지급보증에 대해 설비건설업계의 관심이 커지고 있다. 본지는 유치권과 하도급대금지급보증에 대해 살펴본다.

• Journal of the Economic Geographical Society of Korea
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• v.14 no.4
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• pp.616-627
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• 2011

The study aims to analyze the effects of attracting companies from Seoul Metropolitan Area on regional value-added and employment using a regional input output model and to suggest the most appropriate categories in attracting business based on the result from the analysis. It is assumed that large manufacturing companies in Seoul Metropolitan Area are relocated to 5+2 supra-economic region in this paper. The result shows that selection of categories in attracting businesses should be depend on the characteristic of regional industrial structure. Also, it is derived that establishing a differentiated strategy in attracting businesses is essential.

• 주택과사람들
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• s.215
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• pp.64-65
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• 2008

• Korea Trade Review
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• v.41 no.5
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• pp.187-211
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• 2016

This study discusses the right of suspension of performance against anticipatory breach under SGA. Anticipatory breach originated in Hochster v De La Tour allows the innocent party to exercise immediately the right or rights reserved for the non-performance of obligations. But it has not been codified in English Law. Instead, under SGA s. 41 and s. 44, the seller may suspend his performance against the buyer' anticipatory breach. Lien under s. 41 and stoppage in transit under s. 44 are given only to the seller in a narrowly-defined situation. Under SGA s. 41, the unpaid seller is entitled to retain possession of goods where the buyer becomes insolvent. But under SGA s. 43, the unpaid seller loses the right of lien when he delivers goods to a carrier or other bailee or custodian for the purpose of transmission to the buyer without reserving the right of disposal, or when the buyer or his agent lawfully obtains possession of the goods, or by waiver of lien. Under SGA s. 44, the unpaid seller may exercise the right of stoppage in transit if the buyer becomes insolvent, despite the fact that the property of goods has passed or a bill of lading has been transferred to the buyer. But, under s. 45, the right of stoppage in transit is ended when the buyer or his agent takes delivery of goods. And where the buyer transfers a bill of lading to a sub-buyer, the unpaid seller loses his right to stop goods in transit.

• Korean Architects
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• s.594
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• pp.182-197
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• 2018

• Land and Housing Review
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• v.11 no.4
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• pp.51-65
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• 2020

The purpose of this study was to identify the problems related to the amendment and preservation of the lien system and to suggest a feasible and efficient improvement plan. The Analytic Hierarchy Process (AHP) and descriptive statistical analyses were used in this study. The survey subjects were divided into three groups based on their expertise: "Administrative Experts, Practical Experts, and Financial Institution Experts" and compared to find the results. The results show that 1) the procedural aspect was the most important for the large classification, 2) the supplementary disclosure system was the most important for the legislative aspect, and 3) the supplementation of the abuse of the lien report was the most important for the intermediate classification. Furthermore, the study showed that the most important finding was the reinforcement of punishment for the right of false reporting and illegal acts, followed by the registration order system (the creditor alone application), and the registration system (bond, debtor, joint application). The implications and suggestions of this study are as followed. With regard to the current lien system, illegal acts such as false liens and the misuse of multiple reporting were considered as the biggest problems. In terms of the effective improvement plan of the lien system, the misuse of reporting liens and improvement in the procedural aspects of reporting rights should be given top priority. Therefore, the most important course of action is to strengthen the punishment for false liens, improve the disclosure system and make it mandatory to report rights.