• 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 Korean Society of Forest Science
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• v.30 no.1
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• pp.19-29
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• 1976

The fiberboard and paper mills in this country are much affected by the price hikes and shortage of phenolic resins, since phenolic acid as a raw material depends on imported good. It is prerequisite to fiberboard industry to help replace with other sized and stabilize the prices and supply of them, improving the quality of boards. Thus, the present study was carried out to examine the effect of strength increasing sized such as urea formaldehyde resin (anion and cation type) and urea melamine copolymer resin, on the quality of the wet forming hardboard, and comparing them with two types of proprietary modified melamine resins, and ordinary size, phenol resin. The Asplund pulp was prepared from wood wastes mixed with 20 percent of lauan and 80 percent of pines as a fibrous material. After sizing agents were added at a pH of 4.5 for 10 minutes with alum in the beater, the stock was made in the form of wet sheet, prepared, and then performed by hot pressing cycle: $180^{\circ}C$, $50-6-5kg/cm^2$, 1-2-7 minutes. The properties of hardboard were examined after air conditioning. The results obtained are summarized as follows: 1. There is a significant difference in specific gravity among hardboards that were treated with strength increasing resins, but no difference is effected by the increase in the resin content. In the case of modified melamine resin, its specific gravity is highest. The middle group comprises cation type of urea resin, anion type of urea resin, and acid colloid of urea-melamine copolymer resin. The lowest is phenolic resin. 2. The difference of the moisture content of hardboard both by the resins and by the amount of each resin applied is significant. The moisture content of hardboard becomes lower along with the increase of each resin content, but there is no difference between 2 and 3 percent. 3. For water absorption, there is a significant difference both in the adhesives used and in the amount of paraffin wax emulsion. The water resistance becomes higher inn proportion to the content of the paraffin wax emulsion. To satisfy KS F standards of the water resistance, a proprietary modified melamine resin (p-6100) and modified cation type of urea resin (p-1500) do not require any paraffin wax emulsion, but in the case of anion type of urea resin, cation type of urea resin, and urea-melamine copolymer resin, 1 percent of paraffin wax emulsion is needed, and 2 percent of paraffin wax emulsion in the case of phenolic resin. 4. The difference of flexural strength of hardboard both by the resins and by the amount of each resin is significant. Modified melamine resin shows the highest degree of flexural strength. Among the middle group are urea-melamine copolymer resin, p-1500, anion type of urea resin, and cation type of urea resin. Phenolic resin is the lowest. The cause may be attributable to factors combined with the pressing temperature, sizing effect, and thermal efficiency of press platens heated electrically. 5. Considering the economic advantages and properties of hardboard, it is proposed that urea-melamine copolymer resin and cation type of urea resin be used for the development of the fiberboard industry. It is desirable to further develop the modified urea-melamine copolymer resin and cation type of urea resin through continuous study.