• 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.

• Journal of the Korean Association of Geographic Information Studies
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• v.16 no.3
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• pp.164-179
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• 2013

Ulaanbaatar city, the capital of Mongolia and the center of Mongolian economy, increasingly needs to have a long-term urban planning and a system to impose a tax on land effectively as insufficient development of land and the moving of nomad into urban areas increases during its rapid growth. Therefore, Mongolian government has to prepare a land management system which provides the infrastructure to improve work efficiency and service quality by integrating digitalized data about land and main facilities and sharing data between related departments. This research analyzed the environment to operate the existing land management system and working environment and redesigned database. Furthermore, it integrated all the existing systems, configured service network, and made working environment for land registration, land permission, land payment management to be processed online. With this, it provides the foundation to improve quality of people's life through the preparation of long term urban planning, clean tax administration of real estate, and reconsideration of efficiency about urban infrastructure investment.

• Journal of Cadastre & Land InformatiX
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• v.48 no.2
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• pp.31-49
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• 2018

The boundaries of administrative districts are the basic system for the whole country and are closely related to the daily life of the residents. The administrative boundary of Korea is registered and managed in the cadastral study based on the intellectual study of cadastral system. There is a non-conforming land where the registration details of some cadastral studies do not match the actual situation of the land, and the cadastral rehabilitation project is implemented as a national project to create a new digital cadastral study. However, due to the cadastral rehabilitation project, there is an unreasonable parcel that the past administrative boundaries and newly registered boundaries are different from each other due to the registration of the past administrative boundaries for the newly registered cadastral studies. The purpose of this study is to identify the unreasonable administrative boundaries arising from the cadastral rehabilitation project and to identify problems in order to effectively manage the number of branches in terms of administrative and administrative efficiency in terms of registration and inhabitants management. It is expected that the legal system will be improved to legitimately control the boundary of the administrative district and to manage the boundaries of the administrative district accordingly and to provide the service and to solve the inconvenience of the nation.

• Journal of Cadastre & Land InformatiX
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• v.48 no.2
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• pp.51-64
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• 2018

The paper reviews the adoption of ISO 19152, Land Administration Domain Model (LADM) for the enhancement of the current Mongolian cadastral system. It can be said that the current cadastral system is developed for the pure purpose of land registration. There is a need for a comprehensive data model for not only this reason but also reflecting the current problems in the Mongolian cadastral system. The LADM was published by the International Organization for Standardization later in 2012 as an International Standard for modeling cadastral and land administration information for the purpose of providing a common vocabulary(ontology) and efficient system development. This study examined possibilities of adopting the LADM to the cadastral system for Mongolia focused on Land Manager system. Data model of the Land Manager was examined against the corresponding LADM classes and as a result, gaps between each data model have been drawn. Lastly we proposed the LADM-based new data model for Mongolian cadastral system ensuring that the current problems be reflected.

• 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.

• Journal of Cadastre & Land InformatiX
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• v.51 no.2
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• pp.21-34
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• 2021

Considering the role of roads in cities and the purpose of the Road Name Address Act, it is natural that the road name of the address is registered as the nearest road section adjacent to the building. Therefore, the Enforcement Decree of the Road Name Address Act also stipulates that mayor assign building numbers based on the basic numbers of road sections adjacent to the main entrances of buildings. However, there were cases where addresses are given from distant roads rather than adjacent roads among the actual road name addresses. Most of them are caused by misinterpretation of the case where the entrance faces more than one road. In this study, institutional and systematic improvement plans were proposed with the aim of enabling accurate selection of address information reference objects by demonstrating the limitations of the current building numbering method and presenting institutional improvement plans. Road name addresses were implemented for the core purpose of improving the inconvenience of locating the lot number address. Although some still complained of the inconvenience of road name addresses, successful settlement was possible because of the intuitive principle that most countries around the world could use it and find buildings along the road. Therefore, the system and system improvement should be made quickly in terms of accurate address information quality management and revitalization of related industries.

• Journal of Cadastre & Land InformatiX
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• v.54 no.1
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• pp.75-87
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• 2024

There There is a difference in terms of administrative power in that the address of things are not an address under Public Act. In terms of location expression, it is possible to express the location more flexibly and in more detail than the road name address, so it should be improved so that it can be assigned and managed in an appropriate location, so that the location of the entire territory can be expressed together with the road name address. As a result of the comparison between the road name address and the address of things based on the analysis results of related laws such as the existing Road Name Address Act, the Building Act, and the Regulations on the Preparation and Management of Basic Address Information, it was confirmed that there are fundamental limitations of the address of things system. Accordingly, this study attempted to suggest ways to improve the address of thing system by broadly dividing it into the legal aspect and the addressable object aspect. From the legal point of view, firstly, it is necessary to improve the upper and lower level laws by unification together with a clear definition of the term subject of addressable object; secondly, according to the Building Act, facilities that are not used for residence among buildings must be given an address of thing; and thirdly, it is necessary to make it easy to use and link with heterogeneous public data by classifying the registration items of the basic address information map by type of geographical feature to be assigned an address. From the point of view of addressability, firstly, it must be given to all facilities in the relevant category so that it can be recognised that all specific facilities have object addresses, and secondly, it is necessary to be able to address the address of things to places that are used by many, even if there are no facilities.

• Korean Journal of Environment and Ecology
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• v.33 no.3
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• pp.321-332
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• 2019

The purpose of this study is to identify the problems and present the improvement measures by assessing the suitability of planning of provincial natural parks on a legal basis. We assessed the suitability of 29 provincial parks to examine the suitability of park planning (special-purpose district planning and facilities planning) according to the Natural Park Act, implementation of the park projects, and registration of Korea Real estate Administration intelligence System (KRAS) for park management and obtained the following results. In the case of the park nature conservation districts among the special-purpose districts, 24.1 % (7 parks) were not feasible or decided the park facility that was larger than the planned area. The amended law requires the park cultural heritage district as a new special-purpose district, but 41.2% did not designate the district or failed to comply with the standard. Moreover, there was a problem of establishing or announcing the plan that was unsuitable for the management of park village district (former collective facilities district). Although provincial parks are categorized as the restricted area, the park facility plans still focus on regional development and tourism development, and the titles (names) of the park facilities are wrong. The law requires digitalization and disclosure of park plans, but many parks fail to abide by the law. We judge that it is necessary to develop effective provincial park planning and establish the measures to protect and manage the provincial parks.