• 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.

• Journal of the Korean Institute of Landscape Architecture
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• v.42 no.4
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• pp.10-20
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• 2014

This study was carried out for the purpose of analysis correlations between street furniture design elements and preference of street furniture. This research analyzed the various street furniture set on Ilsan new town street, which are rest, hygiene, light, information, sale, traffic, and landscape. This study has processed by analysing street furniture literature investigation and consideration of theory. First, for analysed effect of street furniture element, has been appear as element 'relaxation facilities', 'information facilities', landscape facilities' mainly effect on street. Specially, 'rest', 'landscape', 'information' in order had a major influence on scenery. Each kind of 'chair elements' in rest facilities, 'sign board' in information facilities, 'sculpture', 'fountain' in 'landscape facilities' has analyzed as the main elements in the landscape affinity property affecting factor. Second, the results of analyzed landscape elements (shape, colour, texture, scale) affect to the affinity of street furniture. chair which are included in rest facilities affect "texture", "form", "scale", "color" in the order of preference of the molding design elements that influence landscape. Particularly, showed statistically significant on 'colour' element affecting the landscape preference than the other three elements. It means as the chair element which is rest facilities mainly affect on preferences, rather than texture, form, scale, colour. Monument in the landscape associated with a preference 'colour', 'shape', 'texture' 'scale' and appears to be in order of impact so we could get the consequence like chair and rest facilities show different aspects of the respectively. It means, visual element which are colour and shape significantly impact on landscape preferences. Third, information facilities such as signboard formative elements of landscape design preferences and correlation with negative showed that the correlation. That mean if the sign board is very negative influence on landscape preferences and the correlations of the design formative elements appear in order of 'scale', 'colour', 'texture'. It also means that the 'scale' namely the size of advertising material and colour are adversely affected in terms of landscape. As these results, when design street furniture as the street scenery, facilities according to the kind of the shape element and need to focus on relative shape element according to the kind of facilities difference. Finally, so far as to clarify the street furniture, mainly 'function' and 'system' classification shows undesirable in outdoor scape. Thus, performed studies in relationship with landscape, classify 'kind of facilities' is more desirable than 'system'.