‘포괄승계’에 대한 새로운 이해 - 대항력 있는 임차주택 양수인의 법적 지위에 대한 논의를 중심으로 -

尹나리 ( Yun¸ Nari ) 법조협회 2021 法曹 Vol.70 No.5

포괄승계는 법인격 자체가 승계되는 경우 이전 법인격에 속하는 모든 권리·의무가 승계되는 경우 발생한다는 초기의 관념에서 벗어났다. 오히려 현재 포괄승계는 법률에 정해진 특정한 목적을 달성하기 위해, 원하는 법률효과를 특정승계로도 달성할 수 있지만 특정승계에 따른 절차상의 번잡함을 피하고 권리·의무절차의 이전을 간이하고 신속하게 달성하기 위해, 혹은 승계가 불가능하거나 제3자의 동의가 있어야만 승계되는 법률관계까지도 강제로 승계시키려는 목적으로, 혹은 법률관계의 틈을 조금도 주지 않고 명확하게 승계시키기 위한 목적으로 광범위하게 활용되고 있다. 즉 포괄승계는 초창기에는 이전 법인격의 소멸을 전제로 다른 법인격이 이전 법인격의 모든 권리·의무를 승계하게 될 때 사용되었지만 현재는 오히려 그러한 요건보다 포괄승계효가 필요한 사안, 즉 다른 요소들의 고려 없이 각종 재산권에 관한 일체의 사항들을 다른 절차없이 일괄적으로 이전하고자 할 때 도구적으로 사용되는 용어로 변화되었다. 그리고 이와 같은 포괄승계의 개념 및 이용양태에 비추어보면 대항력있는 임차주택의 양수인의 승계는 국민 주거생활의 안정을 보장하기 위한다는 공익적 목적에 따라 법률의 규정에 의해 양도인에게 귀속된 임대차계약의 임대인의 지위에 따른 권리·의무 일체를 권리·의무의 이전에 관한 민법에 규정된 절차를 거칠 필요 없이 강제적으로 전부 양수인에게 이전되게 하고 양수인은 양도인이자 전 임대인의 법적 지위까지 승계하는 경우이므로 포괄승계의 현대적 개념에 부합한다. 이렇게 양수인의 승계의 법적 성질을 포괄승계로 파악함으로써 임차주택 양수인, 양도인의 법적 지위와 관련된 기존 판례들에 대한 일관된 해석이 가능해지고 장래 발생할 법적 분쟁의 결과에 대한 예측가능성도 증가된다. 그리고 결과적으로 임대차보증금반환채권을 해당 임차주택과 분리되지 않는 물권처럼 보호함으로써 임차인의 재산권보호에도 이바지한다. The comprehensive succession was out of the initial notion that if the corporate qualification itself is succeeded, all rights and obligations belonging to the previous corporate qualification are succeeded. Rather, the current comprehensive succession is intended to achieve a particular purpose of legislation and to achieve the desired legal effect in a particular succession, but to avoid the cumbersome and rapid transfer of rights and procedures, or to force a succession only with the consent of a third party, or to clear legal relationship. In other words, comprehensive succession was initially used to inherit all rights and obligations of the previous entity on the premise of the expiration of the previous entity's entitlement, but is now instrumentally used to transfer all matters concerning property rights without consideration of other factors. In light of this concept and usage pattern, the succession of the transferee of the opposing tenant's housing is transferred to the transferee without having to go through the civil law on the relocation of rights and obligations of the lessee under the provisions of the law. This comprehensive assessment of the legal nature of the transferee's succession enables a consistent interpretation of existing precedents relating to the transferor's legal status and also increases the predictability of the consequences of future legal disputes. As a result, it also contributes to the protection of the tenant's property rights by protecting the lease deposit return bond like a property bond that is not separated from the rental house.

[PB-0017] Identification of rice seed germination related genes under low different temperature conditions using QTL analysis

Nari Kim(Nari Kim),Rahmatullah Jan(Rahmatullah Jan),Jae-Ryoung Park(Jae-Ryoung Park),Kyung-Min Kim(Kyung-Min Kim) 한국육종학회 2022 한국육종학회 공동학술발표집 Vol.2022 No.-

Effects of creatine monohydrate supplementation and exercise on depression-like behaviors and raphe 5-HT neurons in mice

( Nari Ahn ),( Yea Hyun Leem ),( Morimasa Kato ),( Hyukki Chang ) 한국운동영양학회 2016 Physical Activity and Nutrition (Phys Act Nutr) Vol.20 No.3

[Purpose] The effects of creatine and exercise on chronic stress-induced depression are unclear. In the present study, we identified the effects of 4-week supplementation of creatine monohydrate and/or exercise on antidepressant behavior and raphe 5-HT expression in a chronic mild stress-induced depressed mouse model. [Methods] Seven-week-old male C57BL/6 mice (n=48) were divided randomly into 5 groups: (1) non-stress control (CON, n=10), (2) stress control (ST-CON, n=10), (3) stress and creatine intake (ST-Cr, n=10), (4) stress and exercise (ST-Ex, n=9), and (5) combined stress, exercise, and creatine intake (STCr+ Ex, n=9). After five weeks’ treatment, we investigated using both anti-behavior tests (the Tail Suspension Test (TST) and the Forced Swimming Test (FST)), and 5-HT expression in the raphe nuclei (the dorsal raphe (DR) and median raphe (MnR)). [Results] Stress for 4 weeks significantly increased depressive behaviors in the mice. Treatment with creatine supplementation combined with exercise significantly decreased depressive behaviors as compared with the CON-ST group in both the TST and FST tests. With stress, 5-HT expression in the raphe nuclei decreased significantly. With combined creatine and exercise, 5-HT positive cells increased significantly and had a synergic effect on both DR and MnR. [Conclusion] The present study found that even a single treatment of creatine or exercise has partial effects as an antidepressant inmice with chronic mild stress-induced depression. Furthermore, combined creatine and exercise has synergic effects and is a more effective prescription than a single treatment.

Identification of Ms2, a Novel Locus Controlling Male-Fertility Restoration of Cytoplasmic Male-Sterility in Onion (Allium cepa L.), and Development of Tightly Linked Molecular Markers

Nari Yu,Sunggil Kim 한국원예학회 2021 한국원예학회 학술발표요지 Vol.2021 No.10

Cytoplasmic male-sterility (CMS) has been exclusively used to produce F1 hybrid seeds of onion (Allium cepa L.). A single nuclear locus, Ms, is known to restore male-fertility of CMS in onions. Unstable male-sterile onions producing a small amount of pollen grains have been identified in a previous study. When such unstable male-sterile onions were crossed with stable male-sterile onions containing CMS-R cytoplasm, male-fertility was completely restored, although genotypes of the Ms locus were homozygous recessive. Inheritance patterns indicated that male-fertility restoration was controlled by a single locus designated as Ms2. A combined approach of bulked segregant analysis and RNA-seq was used to identify candidate genes for the Ms2 locus. High resolution melting (HRM) markers were developed based on single nucleotide polymorphisms (SNPs) detected by RNA-Seq. Comparative mapping of the Ms2 locus showed that Ms2 was positioned at the end of chromosome 2 with a distance of approximately 70 cM away from the Ms locus. Although 38 contigs containing reliable SNPs were analyzed using recombinants selected from 1,344 individuals, no contig showed perfect linkage to Ms2. Interestingly, transcription levels of orf725, a CMS-associated gene in onions, were significantly reduced in male-fertile individuals of segregating populations. However, no significant change in its transcription level was observed in individuals of a segregating population with male-fertility genotypes determined by the Ms locus, suggesting that male-fertility restoration mechanism of Ms2 might be different from that of the Ms locus.

Factors related to suicide ideation among older people by level of frailty: A national representative study

Nari Kim,Da Eun Kim,Ju Young Yoon 한국간호과학회 2021 한국간호과학회 학술대회 Vol.2021 No.10

Aim: South Korea is a super-aged society with higest suicide rate in the world, and frailty has become a prevalent issue among older people. Considering that frailty level affects psychosocial factors among older people, it is worth investigating the differences in individual and interpersonal factors related to suicide ideation (SI) according to frailty level. This study investigated the factors associated with SI among robust, pre-frail, and frail older people. Method: A total sample of 10,047 Korean older people from the 2017 National Survey of Older Koreans were included in this cross-sectional descriptive study. The respondents were classified into three groups based on the comprehensive Korean frailty index. Chi-square and logistic regression analyses were utilized in this study. Result: The robust (3.0%), pre-frail (6.1%), and frail (11.1%) groups had experienced SI. No common factors were associated with SI among the groups; however, younger age and low satisfaction with spouses were common associated factors in the pre-frail and frail groups. The total sample analysis results that related factors with SI were younger age, higher number of chronic diseases, lower levels of subjective health status, more depressive symptoms, and more satisfactions with spouses and children. In the analyses using specific samples by frailty levels, robust older people with high number of chronic diseases and depressive symptoms were more likely to have SI. In pre-frail group, the highly associated factors with SI were female, younger age, lower levels of subjective health status, more feeling of burdensomeness, and lower satisfaction with spouse. In frail group, those with younger ages, more depressive symptoms, less satisfied with their spouses and child had more SI. Conclusion: Satisfaction with family and depressive symptoms were significant factors in lessening SI, suggesting that older people need more family support and care as frailty progresses.

Altered Electrophysiological Properties of Coronary Artery in Isoprenaline-Induced Cardiac Hypertrophy

Nari Kim,Jin Han,Euiyong Kim 대한생리학회-대한약리학회 2001 The Korean Journal of Physiology & Pharmacology Vol.14 No.5

<P> An impaired smooth muscle cell (SMC) relaxation of coronary artery by alteration of K<SUP>⁢</SUP> channels would be the most potential explanation for reduced coronary reserve in left ventricular hypertrophy (LVH), however, this possibility has not been investigated. We performed morphometrical analysis of the coronary artery under electron microscopy and measured Ca<SUP>2⁢</SUP>-activated K (K<SUB>Ca</SUB>) currents and delayed rectifier K (K<SUB>dr</SUB>) currents by whole-cell and inside-out patch-clamp technique in single coronary arterial SMCs from rabbits subjected to isoprenaline-induced cardiac hypertrophy. Coronary arterial SMCs underwent significant changes in ultrastructure. The unitary current amplitude and the open-state probability of K<SUB>Ca</SUB> channel were significantly reduced in hypertrophy without open-time and closed-time kinetic. The concentration-response curve of K<SUB>Ca</SUB> channel to Ca<SUP>2⁢</SUP> is shifted to the right in hypertrophy. The reduction in the mean single channel current and increase in the open channel noise of K<SUB>Ca</SUB> channel by TEA were more sensitive in hypertrophy. K<SUB>dr</SUB> current density is significantly reduced in hypertrophy without activation and inactivation kinetics. The sensitivity of K<SUB>dr</SUB> current on 4-AP is significantly increased in hypertrophy. This is the first study to report evidence for alterations of K<SUB>Ca</SUB> channels and K<SUB>dr</SUB> channels in coronary SMCs with LVH. The findings may provide some insight into mechanism of the reduced coronary reserve in LVH.

Pancreatic pseudocyst with fistula to the dilated common bile duct: Mimmicking choledocal cyst?

Nari Gustavo,Lopez Alesio,Romero Tanus Lorna,De Elias Eugenia,Lopez Flavia 한국간담췌외과학회 2021 Annals of hepato-biliary-pancreatic surgery Vol.25 No.1

We present a rare case of a fistula between a pancreatic pseudocyst and the bile duct with saccular dilatation that appeared to be a type I choledocal cyst. There are only 19 described cases in the consulted bibliography. The patient was studied with an ultrasound, CT and MRCP and later surgically intervened. A resection was performed of the extrahepatic biliary and hepaticojejunostomy. There was a subsequent good evolution.

Enhanced growth and lipid accumulation of marine microalga Chlorella sp. CKC2 under peritoneal dialysis waste fluid supplemented mixotrophic culture

Nari Lee,Chi-Heon Lee,Yeon-Ji Lee,Daekyung Kim 한국수산과학회 양식분과 2016 한국수산과학회 양식분과 학술대회 Vol.2016 No.10

Anti-oxidant and Anti-inflammatory Effects of the Fermented Rhododendron weyrichii Flower Extracts in Shindari, a Traditional Jeju Fermented Drink

( Nari Lee ),( Su Bin Hyun ),( Suk Hyun Yun ),( You Chul Chung ),( Chang-gu Hyun ) 한국미생물생명공학회(구 한국산업미생물학회) 2020 한국미생물·생명공학회지 Vol.48 No.4

The aim of this study was to investigate the anti-oxidant and anti-inflammatory activities of the Rhododendron weyrichii flower extract fermented using Shindari, a traditional Jeju barley Nuruk-based fermentation. In this study, we examined the antioxidant potential of R. weyrichii flower extracts (RF) and R. weyrichii flower extracts fermented with Nuruk or Shindari (RFFN or RFFS, respectively) using various in vitro antioxidant assays including DPPH and ABTS radical scavenging assays, total phenol content and FRAP assays. We also evaluated the anti-inflammatory activity of the RF and RFFS on murine RAW 264.7 cells. The anti-inflammatory activity was evaluated by treating the RAW 264.7 cells with various concentrations (6.25, 12.5, 25, and 50 μg/ml) of RF or RFFS. As a result, we observed that the ABTS radical scavenging activity and total phenol content of RFFS was higher than that of RF and RFFN. Additionally, lipopolysaccharide- induced nitric oxide (NO) production was significantly lower in RFFS-treated cells when compared to the LPS-treated control. In addition, RFFS-treated cells exhibited decreased expression of inducible NO synthase (iNOS) proteins and high-performance liquid chromatography (HPLC) fingerprinting showed that both the quercetin and quercetin glucoside (quercitrin and isoquercitrin) levels were affected by the fermentation process. In conclusion, our data suggests that traditional fermentation could be an important strategy in improving the biological properties of raw materials including their antioxidant and antiinflammatory activities. Finally, RFFS may be a candidate for developing topical antioxidant and antiinflammatory agents.

Cultural and linguistic diversity in the United States : Exploring special education practice and recommendations

Nari Choi,Raymond Ostendorf 국제다문화의사소통학회 2019 국제다문화의사소통학회 학술대회 Vol.2019 No.6