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      • KCI등재
      • KCI등재

        명의신탁자에 의한 가등기와 실체관계의 법리 - 대법원 2008.12.11. 선고 2008다45187 판결 -

        김병두 한국민사법학회 2012 民事法學 Vol.58 No.-

        Variation of real right in formalism of current civil law is the force of law made by action of real right and its registration, so the registration consistent with action of real right is logical. However, Supreme Court develops a legal principle of registration consistent with ‘substantial relation' which requires that real estate registration should be consistent with ‘substantial relation' even under current civil law to apply principle of requirement for establishment. Precedents in the indifference of academic circle to it firmly establish principle of substantial relation. In particular,the judgements of substitute compensation more actively assess ‘registration consistent with substantial relation' in the field of title registration under a third party's name. This judgement of substitute compensation is noticeable in that it acknowledges authority to dispose by a title truster other than by a person registered for real estate, and the transaction based on it is effective and in that substantial relation itself is actually transferred under provisional registration, and the person to take over right under provisional registration can make principle registration. However, the legal principle of substantial relation has an aspect that it works as principle of real right variation in Korea, which is different in Japan which voluntarism is applied. The position of court which seems to be parallel to the academic circle to support real right law system of German legal system cannot be overlooked, considering the reality that ten thousands of judgements are related to it including lower court trials. Nevertheless, there are few precedent studies on substantial relation, so many expressions seemed to misunderstand the legal principle of precedents about substantial relation in the specific cases. More thorough analysis of the legal principle of substantial relation and reconsideration based on it are needed. And, the judgements of substitute compensation ruled that the consistency of provisional registration with substantial relation was acknowledged for transaction safety, but this approach should restrictedly be applied since it possibly contradicts judicial doctrine of interim omission registration.

      • 白鼠의 카드뮴中毒時 마늘, Dimercaptosuccinic acid 및 N-acetyl-DL-penicillamine 投與가 카드뮴排泄에 미치는 影響에 關한 硏究

        金炳斗,宋東彬,車喆煥 고려대학교 의과대학 1987 고려대 의대 잡지 Vol.24 No.1

        It has been revealed from several studies that garlic is highly effective on protection of cadmium or mercury poisoning as much as well-known chelating agents of 2,3-dimercaptosuccinic acid(DMSA) and N-acetyl-DL-penicillamine (APEN). This study was conducted to find out the effect of garlic on excretion of cadmium as an effort to reveal the mechanism of the protective effect and compare it with the effects of DMSA and APEN. The cadmium was administered via intraperitoneal route for 3 days. The experimental agents of Garlic, DMSA and APEN were dosed via oral route and the agents had been administered from the day before the injection of cadmium for 12 days in the first step and then they had been administered for 7 days from two days after completing 3 days injection of cadmium. Feces and urine of experimental rats were collected separately at every 24 hours using metabolic cages, and the cadmium concentration in the material was measured by the atomic absoption spectrophotometry. The results of the study were as follows; 1. When the experimental agents were administered from the day before the injection of cadmium, the excretion of cadmium via feces was excellent for 10 days but that via urine was poor in the garlic treated group comparing with that of DMSA or APEN treated group. It suggests that the garlic enhance the excretion of cadmium via feces more than urine. 2. When the experimental agents administered from 2 days after the 3 days injection of cadmium, the excretion of cadmium via feces and urine was not so good as expected in the garlic, DMSA or APEN treated group comparing with the result of the group treated with cadmium alone. Though the differences of cadmium excretion amount were not remarkable, the excretion amount was high in the APEN treated group, the DMSA treated group and the garlic treated group in order. The excretion amount was much higher in feces than urine. It suggests that the garlic hardly facilitate the cadmium excretion if the garlic was administered after the poisoning happened.

      • 課外 Sports活動의 實態에 關한 分析 : 慶大 男女學生 射擊을 中心으로 Especially about shooting by students in Kyungpook University

        金柄斗 慶北大學校 師範大學 體育學硏究會 1977 體育學會誌 Vol.3 No.-

        1. The number of students who was shooting reached 6,964 students (138.09%). during October 1976. This indicated a high percentage(%) of testfiring each month. But only 13 students(0.15%) shot during July 1978. The reason for the low percentage was that the students had final examinations and summer vacation. 2. The statics showed that the highest percentage of testfiring was done by freshman year students (about 17,225 students, 170.39%) and Agricultural College students (about 4,794 students, 154.35%) 3. During the first semester since the shooting range was opened, at first a high percentage of students shot (about 11,461 students, 227.07%) but the percentage has gradually decrased with the lapse of time.

      • KCI등재

        저당권에 기한 방해배제청구권

        김병두 한국민사법학회 2009 民事法學 Vol.47 No.-

        Recently, Supreme Court of Korea has folded the abstract argument that can recognize the injunction of waste by mortgagee under the scheme called 'Waste by possesion = Waste to the foreclosure', and furthermore, even if the mortgagor constructs the building on the land that the mortgage has been established, it recognizes the injunction by reason of 'Waste by construction of a building = Waste to the foreclosure'. Something and other arguments are contradictory for this. There is the case to reflect this on the revision proposal of the civil law. Looking into the legislative cases relative to the above argument, it is as follows: Firstly, the value right theory is not the unchangeable absolute concept but only the comparative one. And the contents of the governance of the objective for mortgage is different as per the legal system such as the continental legal system or the one of England/USA and etc. It could be confirmed in the case of Japan that it will be able to be modified as per the flow of the era even under the same legal system. Secondly, it can be noticed that the legal system for 'Adjustment between mortgage and easement' is different per each country. In this relation, the function for the breadth and narrowness of the value, which is grasped as the mortgage, and the function, which the governance of the objective for mortgage is realized, can be presumed. In Germany, the exchange value and the use value are strictly divided, and the mortgagee does not interfere the use value until execution of the mortgage. The above function relations never exists. In U.S.A., as it can be known from the origin of the mortgage that bestows the position corresponding to the tenant on the mortgagor, the mortgagor has the position as the usual and proper in course of good husbandry and therefore, the boundary recognizing the impairment of mortgage is comparatively wide, and the mortgagee can currently interfere in the impairment of security even before execution of the mortgage. All the above two functions can be recognized. Meanwhile, in Japan, it trends toward the direction that the mortgage expands the effectiveness against the use right from the one that the limit is clearly demarcated relative to such realization method. Especially, the precedent of Japan for the injunction of waste by mortgagee is similar to the legal system for mortgage of U.S.A. However, even following not only the viewpoint, which the mortgagee governs the value of a real property, but also the viewpoint, which it governs the rents and profits which the mortgagee could have received besides the value of a property, the point, which the mortgagee can not interfere the part for use among the use value governed by the mortgagee, is all the same. Because the point, which the mortgage is grasped as the unoccupied security right, is common. The core mortgagor has the right to possesion of the mortgaged real estate (The part for use among the use value as per the viewpoint), and naturally, the recognition scope of the injunction of waste by mortgagee in the boundary between the use value and the exchange value will be expressed. The problem lies in such boundary. In order to expand the effectiveness of the mortgage even up to infringement of the non-occupancy of the mortgage, as known in the case of Japan, the basis to justify the expanded application of the injunction of waste by mortgagee shall be sought even in establishment of the duty of care or even in endeavor for verification in the actual lawsuit. Meanwhile, in order to review that the specific fact can become the reason for exclusion of obstruction, it is required to analyze such requisites that are different from the basis of the injunction of impairment. Coming to think of it, it is judged that the actual basis to encroach the non-occupancy of the mortgage lies in recognizing the equivalence of 'infringement of the exchange value' and 'exclusion of the execution. If it is under the circumstance t...

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