• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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• 2004.04a
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• pp.501-506
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• 2004

Korean cadastral system is primarily based on the graphical maps, thus, map reproduction by excessive shrinkage or extension, map mishandling and imperfection of surveying techniques have created cadastral non-coincident areas, which caused public distrust as well as considerable difficulties in land administration and policy making. Therefore, in this study, the methodologies for the resolution of the non-coincident problem are presented by means of a comparative analysis between cases of the non-coincident areas. The non-coincidence caused by the mismatch of parcel boundaries can be settled by introducing a coordinate-based system, namely $\ulcorner$Integrated Land Information System$\lrcorner$, meanwhile, those by other reasons can be done by establishing and executing a plan that can deliver the unification of the cadastral and the land registration systems. Governmental intention and budgetary measures for securing the project expenses are essential to make this feasible. If the comprehensive improvement project is completed, the cadastral registers that define the parcel boundary, area and ownership will recover public confidence, which in turn secures land owners' rights by promoting land markets and stabilizing land prices.

• Journal of Korean Society for Geospatial Information Science
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• v.11 no.3 s.26
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• pp.55-63
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• 2003

Korean cadastral system is primarily based on the graphical maps, thus, map reproduction by excessive shrinkage or extension, map mishandling and imperfection of surveying techniques have created cadastral non-coincident areas, which caused public distrust as well as considerable difficulties in land administration and policy making. Therefore, in this study, the methodologies for the resolution of the non-coincident problem are presented by means of a comparative analysis between cases of the non-coincident areas. The non-coincidence caused by the mismatch of parcel boundaries can be settled by introducing a coordinate-based system namely ${\ulcorner}$Integrated Land Information System${\lrcorner}$, meanwhile, those by other reasons can be done by establishing and executing a plan that can deliver the unification of the cadasoal and the land registration systems. Governmental intention and budgetary measures for securing the project expenses are essential to make this feasible. If the comprehensive improvement project is completed, the cadastral registers that define the parcel boundary, area and ownership will recover public confidence, which in turn secures land owners' rights by promoting land markets and stabilizing land prices.

• Journal of Cadastre & Land InformatiX
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• v.52 no.2
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• pp.137-152
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• 2022

The cadastral boundary points which cadastral surveyor presented on the ground by conducting cadastral surveying represents the limits of land ownership and give binding force and determination power. However the land disputes have increased these days mainly due to cadastral registration errors, surveying errors and land owners recognition error. In these cases, the cadastral survey interests try to find solution by either a administrative procedures by appealing civil complaint or border determination litigation through court. The neighboring residents and related organization have difficulties in resolving the civil complaints. In this study cadastral surveying and cadastral boundary determination process has been reviewed and the results of cadastral surveying screening by Central Cadastre Committee from 2016 to 2021 have been classified. The outcomes of this research will be used for cadastral surveying and contribute for reducing land disputes and improve reliablity of cadastral surveying.

• Journal of Service Research and Studies
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• v.9 no.2
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• pp.77-88
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• 2019

Appropriation means the process of transforming resources to property. John Locke earlier investigated the appropriation process of natural resources into the land property, which grounded the jurisprudential base of the private ownership of the land. In the same way human resources are transformed into the human assets. Appropriation process, very rarely studied so far, in this case of human property is the focus of this paper. The appropriation of intangible property is by far easier than the appropriation of tangible property. Learning is a process of embodiment, which naturally mean the process of appropriation. For the material resources which exist out of human body, appropriation necessary need special philosophical and institutional justification. In the process appropriation for intangibles, investigator found, appropriator and learner either can be same, or can be differentiated. In the former case substantial human assets are created while in the latter relational human assets are built. After the discussion of appropriation process, Investigator proceeds to the problem of visualizing the invisibles. Evaluation and assessment issue were discussed in this perspective. Qualification system is particularly noted as a system to regulate substantial human assets including their issuing and registration. The work done in this paper would contribute in understanding the law of education and the law of qualification.

• Spatial Information Research
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• v.17 no.4
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• pp.469-481
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• 2009

Due to the increasing demands on the efficient use of land and the fast growth of construction technologies, human living space is expanded from on the surface to above and under the surface. By recognizing that the current cadastre system based on 2D was not appropriate to reflect the trend, the researchers are interested in a 3D cadastre. This paper proposed the 3D cadastre data model that is appropriate to protect ownership effectively in Korea. The 3D cadastre data model consists of a 3D cadastre feature model and a 3D cadastre geometry model, and the data are produced by a 3D cadastre data structure. A 3D cadastre feature model is based on 3D rights and features derived from case studies. A 3D cadastre geometry model based on ISO19107 Spatial Schema is modified to be good for 3D cadastre in Korea. A 3D cadastre data structure consists of point, line, polygon and solid primitives. This study finally purposes 1) serving and managing land information effectively, 2) creating rights and displaying ranges about infrastructures above and under surface, 3) serving ubiquitous-based geoinformation, 4) adapting ubiquitous-based GIS to urban development, and 5) regulating relationships between rights of land and registration and management systems.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.57-64
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• 2022

This scientific article is devoted to the study of the legal significance of such a category of legal status of the purchaser of another's thing, as its good faith. The essence of this phenomenon has been studied, it has been established that the criterion of good faith attaches significant importance to the claims of the participants of these relations for the acquisition or preservation of private property rights. The paper emphasizes that, in addition to the importance of good conscience at the time of possession of another's thing, which gives legal certainty the possibility of registration of the title and is part of the actual composition for the acquisition of property or the right of ancient possession, bona fides also characterizes the behavior of the occupier. In this case, good conscience only has some legal consequences when it is opposed to subjective law. Under such conditions, it acquires direct legal significance, including as a condition for the acquisition and protection of rights. Good faith possession of another's property is an internal indicator of the subject's awareness of a certain property status. This sense, the article assesses this status from the standpoint of the scientific concept of the visibility of law. According to this theory, prescription is also considered as a consequence of the appearance of law, however, because it arises and lasts against the will of the parties and despite their awareness of this fact. Therefore, bona fide continuous and open possession of property as one's own, during the acquisition period, was most significantly associated with the appearance of property. Therefore, the concept of good faith, in the sense of personal perception of real values, is closely related to the principle of protection of the appearance of law, as it is aimed at understanding it by third parties. The paper notes certain differences in the application of the theory of the appearance of the right in the acquisition of property by a bona fide purchaser from an unauthorized alienator and the acquisitive prescription. It is emphasized that such a mechanism must be used in presuming the attitude to the thing as its own, by the holder of movable property. But there should be exceptions to the rule, in particular, if the owner has grounds for vindication of the thing.

• 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.