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- 저자 : 金尙賢(Kim Sang-hyun( (검색결과 5 건)
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金尙泫(Kim Sang Hyun) 한국부동산학회 2008 不動産學報 Vol.34 No.-
1. CONTENTS<BR> (1) RESEARCH OBJECTIVES<BR> In the duplication transfer of real estate, when the 2nd grantee positively participates in an act in violation of the transferee´s duty, the judicial precedent cites it´s an absolute nullity as an antisocial action in the article 103 of the Civil Law. That theory of the judicial precedent intends to restoring the order of the business of the real estate. But the good faith person, who acquires the right above all can be protected by the theory of the absolute nullity of that judicial precedent. Therefor there are lots of discussions that is to deny the antisocial nature of the duplication transfer of real estate and to substitute it for the theory of the covin act or the unlawful act.<BR> (2) RESEARCH METHOD<BR> We choose literature research methods through various kinds of material domestic books and theses.<BR> (3) RESEARCH FINDINGS<BR> The judgement time of the antisocial nature of the duplication transfer is that there should be a objective fact, the first grantee paid in full to the transferee then got the possession, possessed and used as the actual possessor. In addition, we should check the considerate factor which is formed by the judicial precedent until now.<BR> Also, we should think over whether the first grantee could know that there was the system of the provisional registration and disposition or not. And we should deliberate the interval of time between when the transferee delivered the right to the first grantee and the second grantee received the registration.<BR> 2. RESULTS<BR> The obscurity of a positive conspiracy of an act in violation of transferee´s duty is suggested by the economic structure of the capitalism, the human nature of pursuing the interest, general law principle of the contract liberty, the accepted theory and the judicial precedent. According to it, there is wonder that the duplication transfer of real estate under that positive conspiracy is treated as a nullity indiscriminately. If the offense of the virtuous public morals and many other public order is vacated under the article 103 of the Civil Law means that legal action! s effect is approved, it will bring the result against the spirit of the law. In that sense, the article of the Civil Law is the minimum moral norm which sways the effect among the individuals.<BR> By the way, in the duplication transfer of real estate it! s the general state that the 2nd grantee, who´s known the existence of the release between the 1st grantee and the transferee, lures, instigates, requests, prevails, solicits, urges, or deceives for achieving the contract with the transferee. And those should be allowed for the pursuit of the personal profit in the economic structure of the capitalism. Hence it is necessary to concretely confirm the standard of the obscurity of a positive conspiracy which is used the decision of invalidity of the duplication transfer of real estate. Under that judgement, we should consider sufficiently the principle of pursuing party interest in the general law principle of the contract liberty and the business practice of the capitalism. And we should analysis the form of the party! s action to be decide to nullity very restrictively.<BR> In all those sense, the judgement time of the antisocial nature of the duplication transfer is that there should be a objective fact, the first grantee paid in full to the transferee then got the possession, possessed and used as the actual possessor. In addition, we should check the considerate factor which is formed by the judicial precedent until now. Also, we should think over whether the first grantee could know that there was the system of the provisional registration and disposition or not. And we should deliberate the interval of time between when the transferee delivered the right to the first grante
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論文(론문) : 小字本系統 『金櫃要略』 吳遷本의 特徵에 대한 考察-鄧珍本과의 比較를 中心으로-
김동휘 ( Dong Hui Kim ),정창현 ( Chang Hyun Jeong ),백유상 ( You Sang Baik ),금상현 ( Sang Hyun Kim ),안진희 ( Jin Hee Ahn ),박성진 ( Seong Jin Park ),장우창 ( Woo Chang Jang ) 대한한의학원전학회(구 대한원전의사학회) 2013 대한한의학원전학회지 Vol.26 No.4
Objective: The recently reported Wuqian edition(吳遷本) Jinguiyaolue(金櫃要略) is known to be written in small letters unlike other large lettered versions of the book. The Wuqian edition(吳遷本) takes after the name of Wuqian who copied an ancient version that was found at the time(Ming dyanasty, 1395). It is known to differ in organization and contents to other versions. In this study, I would like to examine how the small-lettered version of the Jinguiyaolue had been created, through a thorough examination of the Wuqian edition, and evaluate its value as a new version of the Jinguiyaolue. Method: First, the systems of both large-lettered and small-lettered versions of the 『Jinguiyaolue』 were briefly examined, followed by comparison from chapter 1 to 22, of organization, contents, and formulas between the oldest version of the large-lettered versions, the Deng-zhen edition, and the newly discovered Wuqian edition of which examples of each item are listed. The original source was identified for parts that were different. Result & Conclusion : 1. The Deng-zhen edition and Wuqian edition show vast differences in the organization, table of contents, name of chapter, location of each verse or line, existence of certain verses or lines, name of formula, quantity of medicinal ingredients, processing methods and other aspects. 2. The small-lettered edition was published based on the large-lettered edition of the Jinguiyaolue published by the Jiaozheng-yishuju(校正醫書局) after a general cross-examination process followed by selection, modification and supplementation of the large-lettered edition. Reference texts used in cross-examination were Qianjinyaofang(千金要方), Waitaimiyao(外臺秘要), Maijing(脈經), and Shanghanlun(傷寒論). 3. Considering Wuqian`s own annotations and preface, it is clear that he wanted to create the best version of the 『Jinguiyaolue』. Wuqian himself seems to have had professional knowledge of bibliography and medicine.
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『黃帝內經』三焦 病機와 三焦相火 病機와의 관계에 대한 考察
白裕相(Baik You-sang),金惠一(Kim Hye-il),金鍾鉉(Kim Jong-hyun),尹銀卿(Yoon Eun-kyung),金尙賢(Kim Sang-hyun(,朴哲漢(Park Cheol-han) 대한한의학원전학회 2016 대한한의학원전학회지 Vol.29 No.2
Objectives : In this study, the relation of pathologic mechanisms of Samcho(三焦) in Hwangdineijing and Samcho-Sanghwa(三焦相火) is investigated for the purpose of understanding the concept of Samcho. Methods : The diseases and symptoms about Samcho(三焦) in Hwangdineijing and many important medical literatures including Sanghanlun(傷寒論) and Jinguiyaolue(金匱要略) were selected and analyzed to overview the historical changes of pathologic mechanism about Samcho. Results : In comparison of the Pathologic Mechanisms of Samcho, the explanation of that in many medical literatures is different from that in Hwangdineijing, that is to say, the cause of diseases related to hyperactivity of Sanghwa became the main conditions of pathogenesis about Samcho while the blockage of qi stream through Samcho. Conclusions : The clinical expression of Samcho pathogenesis is fever with perspiration that means exhaustion of body fluid not only general fever of whole body.
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