• Title/Summary/Keyword: Secured Claim

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Legal Issues regarding the Exercise of Claim of Return for Secured Portions - focusing on Supreme Court Decision 2010DA50809 Delivered on May 24, 2012- (유류분반환청구권의 행사에 관한 법적 쟁점 -대법원 2012. 5. 24 선고 2010다50809 판결을 중심으로-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.12 no.9
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    • pp.202-210
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    • 2012
  • Since Civil Law recognizes the freedom of a testament, it recognizes the freedom allowing the decedent to dispose his/her own property at his/her own intention. However, in order to prevent various abuses which may occur when the principle of freedom of testament is carried out unlimited, secured portion system is stipulated. So, absolute freedom of property disposed by the deceased is limited. Likewise, the secured portion system is introduced as the system to resolve the contradiction that exists between principle of freedom of testament and legal inheritance. Since Supreme Court Decision 2010DA50809 delivered on May 24, 2012 includes major legal issues such as how to exercise of claim of return for secured portions, transfer of the secured proportion or the claim of return for secured portions, and exercise of claim of return for secured portions against a third party. So, it has a very important meaning. In this paper, legal issues regarding the exercise of claim of return for secured portions have been reviewed with this decision.

A Study on Floating Sum Mortgage (근저당권에 관한 연구)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2018.01a
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    • pp.59-62
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    • 2018
  • 근저당권(根抵當權)은 지속적(持續的)인 거래관계(去來關係)에서 생겨나는 많은 채권(債權)을 거래(未來)의 결산기(決算期)에 일정(一定) 한도(限度)까지 확보(確保)하기 위해 부동산(不動産)에 담보물권(擔保物權)을 설정(設定)하는 저당권(抵當權)을 말한다. 저당권(抵當權)과는 다르게 담보(擔保) 채권(債權)은 거래(未來)에 증감(增減) 등(等)으로 달라지는 불특정(不特定) 채권(債權)이므로 당장(當場) 채무(債務)가 없어도 담보물권(擔保物權)인 저당권(抵當權)이 성립(成立)하게 되고, 일단(一旦) 성립(成立)한 채권(債權)이 이행(履行)되어도 후(後) 순위(順位)의 저당권(抵當權) 순위(順位)가 승진(昇進)하지 않는 점(點)이 일반적(一般的)인 저당권(抵當權)과 다르다. 근저당권(根抵當權)과 저당권(抵當權)의 제(第)일 큰 차이점(差異點)은 근저당권(根抵當權)은 채권최고(債權最高) 금액(金額)의 범위(範圍) 내(內)에서 지속적(持續的)인 거래(去來)로 인한 채권(債權)이 증감(增減) 변동(變動)할 수 있다는 것인데 반해(半解) 저당권(抵當權)은 앞서 확정(確定)된 채권(債券)을 담보(擔保)하는 것이다. 따라서 근저당권(根抵當權)을 설정(設定)하고자 할 때에는 채권(債權)의 최고금액(最高金額)을 등기(登記)하여야 한다. 이처럼 오늘날 근저당권(根抵當權)이 실질적(實質的)으로 신용거래(信用去來)에서 있어서 많이 이용(利用)되고 있으나, 우리민법(民法) 제(第)357조(條) 하나만으로 규율(規律)하고 있어 이와 관련(關聯)하여 발생(發生)하는 다양(多樣)한 법률분쟁(法律紛爭)을 해결(解決)하지 못하고 이 모든 부분(部分)을 학설(學說)과 판례(判例)에 의존(依存)하고 있는 실정(實情)이다. 따라서 본(本) 연구(硏究)에서는 외국입법례(外國立法例)를 통(通)하여 우리나라의 근저당권(根抵當權)의 문제점(問題點)이 무엇인지 살펴본 후(後) 바람직한 근저당권(根抵當權)의 해결방안(解決方案)을 제시(提示)하고자 한다.

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The Role of Geomorphology·Geology in Prehistoric Petroglyph Research - Hadong Mukgyeri's Stone Monument as an Example - (선사 암각화 연구에서의 지형·지질학의 역할 - 하동 묵계리 석물을 사례로 -)

  • Yang, Dong-Yoon;Han, Min;Kim, Seong-Won
    • Journal of The Geomorphological Association of Korea
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    • v.27 no.3
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    • pp.105-121
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    • 2020
  • There has been a lot of controversy over the claim that ancient characters were engraved on a stone plane collected near the Samsin Mountain in Hadong-gun, and that it was used as an altar based on the contents on the stone. The importance of the role of geoscience in prehistoric petroglyph research was presented through analysis and comparison with representative domestic petroglyphs. First, by examining the geological formation process of the collected stone objects, it proved that prehistoric actions were not applied. Second, as a result of comparative analysis from the viewpoints of human geography and topography with representative petroglyphs in Korea, it is unreasonable to argue that the stone was made for an altar. Third, it is considered that among the ancient characters under debate, the straight line indicates a cleavage of carbonate minerals, and the curved shape results from the growth of lichens. Finally, we propose that reproducing the lines found on the stone was impossible by using ancient techniques, and that there was no trace of any artificial actions applied to the spots considered to be curved characters. As shown in such research cases, the results of petroglyph research will have high reliability, if research by experts in each field continues after the geoscientific basis is secured. In this respect, the contribution of Earth science to cultural assets and archeology is expected to increase in the future.

A Study on Strategic Patent Identification Process: A Case of 'A' Corp (기업의 전략특허 발굴 프로세스 개선방안에 관한 연구: A사 사례를 중심으로)

  • Hyun, Sung-Ho;Hong, Da-Un;Kim, Dae-Ho;Lee, Joo-Heon
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.5 no.2
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    • pp.115-135
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    • 2010
  • In the past, markets were taken over by the firms which could maintain their competitive advantage through economies of scale and associated reductions in costs and prices. However, it has been changed to a new time that companies can secure their competitiveness through continuos improvements and customer orientations. Patent holders can claim protection against any infringer of their patents. Thus, in the future, firms' competitiveness will be decided by patents and intellectual property rights. How can strategic patents can be obtained and secured? The purpose of this article is to provide a couple of suggestions that can help companies secure strategic patents and build their competitive advantages. Until now, Korean companies have been interested only in the quantity of patents, not the quality of patents. In addition, from the beginning, they could not build distinctive strategic positions to secure future valuable technologies. In this article, we provided a couple of suggestions for strategic patent identification processes. First, strategic patents should be identified and created based on the company's vision. Second, the company should create technology maps through investigating previous R&D activities and patented technology information before stating its own R&D activities.

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How to Improve the Competency of Agency CM Companies to Conduct the CM at Risk Projects? (용역형 CM사가 책임형 CM 프로젝트를 수행하기 위해 필요한 역량)

  • Jeon, Myeongsik;Kang, Youngcheol
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.6
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    • pp.44-54
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    • 2021
  • As the CM at Risk market grows recently, designers and CM companies that have been performing agency CM services have been showing their interests to participate in the CM at Risk projects. With the assumption that agency CM companies with a lot of experiences and know-how in the field of construction project management have created the circumstances to enter the CM at Risk market, this study investigates the competencies necessary for the agency CM companies to carry out the CM at Risk projects. The compentencies to run the CM at Risk projects were identified based on the literature review. A survey was conducted to identify the competencies that need to be supplemented first. The survey results revealed that competency related to partner companies, finance and guarantee, risk and claim, and project cost were identified to have a higher level of complementation compared to other competencies. In addition, considering that the level of competency that need to be secured is high, as the level of holding of all competency is on average 76% of the required level, in the beginning, small-scale CM at Risk projects with relatively low risk are mainly carry out, strengthening competency and then increasing the scale is considered more appropriate strategy.

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.