• Title/Summary/Keyword: Lien System

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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 Importance Factors for Improvement Way of Liens System (유치권제도의 개선방안을 위한 중요도 요인에 관한 연구)

  • Park, Kyoungchol;Chung, Jaeho
    • 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.

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 Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • 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.

Development of High-Efficiency Low-Cost Drive System of Small-Size Electric Vehicles

  • Duong, Thuy-Lien;Tran, Thanh-Vu;Chun, Tae-Won;Lee, Hong-Hee;Kim, Heung-Geun
    • Journal of international Conference on Electrical Machines and Systems
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    • v.1 no.2
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    • pp.105-110
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    • 2012
  • This paper designs the high-efficiency and the low-cost drive system of the smallsize electric vehicles (EVs). The power circuit for driving the dc motor is designed by considering both the cost and efficiency. In order to reduce the conduction loss of MOTFET and diode for controlling an armature voltage, some MOSFETs and diodes at the armature are in parallel connection. An operating sequence for both the field current and the armature voltage according to the accelerator pedal angle is suggested for changing smoothly the rotating direction of dc motor. Through the simulation studies, the performances of the proposed methods are verified.

Development of High-Efficiency Drive System of DC Motors for Tracking Small-Size Electric Vehicles (소형전기자동차 견인용 직류전동기의 고효율 구동시스템 개발)

  • Duong, Thuy Lien;Tran, Thanh Vu;Chun, Tae-Won;Lee, Hong-Hee
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.61 no.11
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    • pp.1634-1640
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    • 2012
  • This paper develops the high-efficiency drive system of the small-size electric vehicles (EVs) driven by the brushed dc motors. A power circuit for driving the dc motor is designed with the H-bridge circuit and buck converter by considering both the efficiency and cost. In order to change smoothly the rotating direction of dc motor driven by the proposed power circuit, an operating sequence for both the field current and the armature voltage according to an accelerator pedal angle is suggested. Through the simulation studies and experimental results with the low-cost 8-bit AVR, the performances of the proposed methods are verified.

Numerical Modeling of Two-Phase Non-Isothermal Turbulent Jet (비등온 난류 제트의 이상유동에 대한 수치모델)

  • Lien, Hoang Duc;Kim, Myong-Kwan;Kwon, Oh-Boong
    • Proceedings of the KSME Conference
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    • 2001.06e
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    • pp.783-788
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    • 2001
  • Choosing the most suitable mathematical model and relating this to turbulent tangential tensions model are very important in the investigations of turbulent two-phase flow. This paper considers two-fluid scheme. According to it, two phases have their own densities, velocities, and temperatures at any spatial point and at any moment. The equations of motion and heat transfer for each phase are linked with the forces of interaction between two phases. These forces are considered as predominant for the flow. As a closure in the system of motion equations, one modification of $K - {\epsilon}$ turbulent model is worked out. The modification uses two equations for turbulent kinetic energy of the phases and one - for the turbulent energy loss of main phase. This model can be set as a $K_g - K_p -{\epsilon}$ model. The modified model has been tested for both a two-phase non-isothermal flat jet and axially symmetrical jet. The numerical results are compared with the reference data revealing a good agreement between them.

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The Road to Confucianism as a State Ideology in Vietnam (유교가 베트남에서 국가이념으로 성립되는 과정)

  • YU, In Sun
    • SUVANNABHUMI
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    • v.3 no.1
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    • pp.1-23
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    • 2011
  • This paper traces the process how Confucianism was established as a state ideology in Vietnam. Confucianism is said to have first been introduced into Vietnam around the early 3rd century. However, it had been outshone by Buddhism until the 1389s when Ho Quy Ly rose to power and emphasized pre-Qin Confucianism. In 1428, Lê Loi founded a new dynasty and changed the state ideology from Buddhism to Confucianism. Despite this radical shift, however, Confucianism was not firmly established at the beginning of the Lê Dynasty. It was Lê Thanh Tong (1460-1497) who fully established neo-Confucianism as the state ideology. The reason was that he devoted himself to the study of Confucian texts from a young age and sought to strengthen his own royal authority by emphasizing the neo-Confucian concept of loyalty and filial piety.

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Establishment of Priority Forest Areas Based on Hydrological Ecosystem Services in Northern Vietnam (수문학적 생태계 서비스를 고려한 북부베트남의 우선보전산림 설정)

  • Kong, Inhye;Lee, Dongkun
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.17 no.5
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    • pp.29-41
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    • 2014
  • Ecosystem services provide various benefits to human beings, but are considered to be free of cost. To protect ecosystems in an economically sustainable way, several developing countries have adopted a policy known as the Payment for Ecosystem Services (PES) that compensates upstream services with monetary incentives collected from service users. Vietnam is one of the countries that have enacted a nationwide PES policy. However, the policy in Vietnam requires further development in order to evaluate the spatial priority zones based on the quantification of ecosystem services. To obtain a recent and high-quality land cover map, we first classified the land cover in the Da River basin, in northern Vietnam, using Landsat dataset. We then applied a water balance theory and an USLE equation to assess hydrological ecosystem services concerning water supply and sediment retention. Following the assessment, we identified the priority areas for hydrological ecosystem services exclusively for forest environments. We found that the quantity and distribution of services from forests varied, due to the topography, climate, and land cover. According to a quantile distribution, Mt. Phu Luong, Mt. Fansipan, and Hoang Lien National Park were evaluated as high service areas in terms of both water yield and sediment retention. As a result, this assessment method can help construct spatial priority zones concerning ecosystem service distribution, and can also contribute to benefit sharing by indicating which forest and landowners require compensation.

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.