• 제목/요약/키워드: Real Estate Law

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Ductility demands of steel frames equipped with self-centring fuses under near-fault earthquake motions considering multiple yielding stages

  • Lu Deng;Min Zhu;Michael C.H. Yam;Ke Ke;Zhongfa Zhou;Zhonghua Liu
    • Structural Engineering and Mechanics
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    • 제86권5호
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    • pp.589-605
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    • 2023
  • This paper investigates the ductility demands of steel frames equipped with self-centring fuses under near-fault earthquake motions considering multiple yielding stages. The study is commenced by verifying a trilinear self-centring hysteretic model accounting for multiple yielding stages of steel frames equipped with self-centring fuses. Then, the seismic response of single-degree-of-freedom (SDOF) systems following the validated trilinear self-centring hysteretic law is examined by a parametric study using a near-fault earthquake ground motion database composed of 200 earthquake records as input excitations. Based on a statistical investigation of more than fifty-two (52) million inelastic spectral analyses, the effect of the post-yield stiffness ratios, energy dissipation coefficient and yielding displacement ratio on the mean ductility demand of the system is examined in detail. The analysis results indicate that the increase of post-yield stiffness ratios, energy dissipation coefficient and yielding displacement ratio reduces the ductility demands of the self-centring oscillators responding in multiple yielding stages. A set of empirical expressions for quantifying the ductility demands of trilinear self-centring hysteretic oscillators are developed using nonlinear regression analysis of the analysis result database. The proposed regression model may offer a practical tool for designers to estimate the ductility demand of a low-to-medium rise self-centring steel frame equipped with self-centring fuses progressing in the ultimate stage under near-fault earthquake motions in design and evaluation.

Whole-working history analysis of seismic performance state of rocking wall moment frame structures based on plastic hinge evolution

  • Xing Su;Shi Yan;Tao Wang;Yuefeng Gao
    • Earthquakes and Structures
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    • 제26권3호
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    • pp.175-189
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    • 2024
  • Aiming at studying the plastic hinge (PH) evolution regularities and failure mode of rocking wall moment frame (RWMF) structure in earthquakes, the whole-working history analysis of seismic performance state of RWMF structure based on co-operation performance and PH evolution was carried out. Building upon the theoretical analysis of the elastic internal forces and deformations of RWMF structures, nonlinear finite element analysis (FEA) methods were employed to perform both Pushover analysis and seismic response time history analysis under different seismic coefficients (δ). The relationships among PH occurrence ratios (Rph), inter-story drifts and δ were established. Based on the plotted curve of the seismic performance states, evaluation limits for the Rph and inter-story drifts were provided for different performance states of RWMF structures. The results indicate that the Rph of RWMF structures exhibits a nonlinear evolution trend of "fast at first, then slow" with the increasing of δ. The general pattern is characterized by the initial development of beam hinges in the middle stories, followed by the development towards the top and bottom stories until the beam hinges are fully formed. Subsequently, the development of column hinges shifts from the bottom and top stories towards the middle stories of the structure, ultimately leading to the loss of seismic lateral capacity with a failure mode of partial beam yield, demonstrating a global yielding pattern. Moreover, the limits for the Rph and inter-story drifts effectively evaluate the five different performance states of RWMF structures.

A Study to Prevent the Fire in Residential Buildings (주거용 건축물의 화재 예방에 관한 고찰)

  • Park, Kyong-Jin;Kim, Hye-ree;Lee, Bong-Woo;Park, Shin-young
    • Journal of the Korean Society of Industry Convergence
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    • 제23권2_2호
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    • pp.307-312
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    • 2020
  • This study presents problems and improvement measures for the supply rate of single-alarm detector and fire extinguisher installed in households. Statistics from the NFDS show that 18 percent of all fires and 45 percent of deaths occurred in residential buildings over the past eight years. It was less than 60% that households be equipped rate of basic fire-fighting systems by 2019. In this study, I analyzed the law and statistics of fire to devise a method for fire safety. I proposed that the basic fire-fighting systems is be equipped in households. Like this : First, a free distribution policy for the over 60 years of age and Areas where is fire engine difficult to enter. Second, the policy of adopting safety pay in disaster. Third, the policy of expanding supply through the revision of the Licensed Real Estate Agents Act. Fourth, the policy of self-regulating installation by safety education and set up a data base system. Fifth make a law of household's National Fire Safety Standards.

Cost-Benefit Analysis of The National Land Census Project and Its Policy Implications (국토센서스 사업의 비용 및 편익분석과 시사점)

  • Lee, Young-Sung;Kim, Kab-Sung;Lee, Choon-Won;Kwon, Dae-Jung;Yu, Hyeon-Ji;Yun, Hyung-Seok;Kim, Jin
    • Journal of Cadastre & Land InformatiX
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    • 제49권2호
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    • pp.23-38
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    • 2019
  • The National Land Census Project aims to survey the national land regularly to resolve the land category disagreement and reflect the actual land use. The objective of this study is to investigate whether not only the National Land Census Project but also related land and housing surveys bring about the improvement of social welfare in light of the invested budget, and to measure the project feasibility. The potential benefit after the National Land Census Project is not traded in the market. To determine the economic value of this potential benefit, the Contingent Valuation Method was used. This study utilized the single-bounded and double-bounded dichotomous choice models simultaneously to estimate the project feasibility of the cadastral system improvement. According to this study, cost-benefit ratio of the project was estimated larger than 1, which means that social benefits are larger than social costs.

An Analysis of the Imported Consumer Goods Distribution Sector of Korea: From a Vertical Structure Viewpoint (수입소비재(輸入消費財) 유통구조(流通構造)의 효율화(效率化) 방안(方案))

  • Nam, Il-chong
    • KDI Journal of Economic Policy
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    • 제13권1호
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    • pp.3-33
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    • 1991
  • Since the early 1980's, the Korean government has gradually been widening the Korean market to foreign consumer goods. This, combined with the increased purchasing power of the Korean consumers resulting from the continued economic growth of the country, has sparked a spectacular influx of foreign consumer goods into Korea, ranging from BMW's to chopsticks. Import of foreign consumer goods amounted to more than 6 billion dollars in 1989 and is continuing to grow at a rapid rate. The increased import of foreign consumer goods doubtlessly improved the overall welfare of the Korean consumers by providing them with a wider range of options to choose from, by lowering the prices of some of the consumer goods domestically produced, and also by forcing the producers of some Korean goods to face competition with better foreign goods, thus giving them an incentive to raise the quality of their products. However, it is agreed by most economists that this increase in general welfare has been much smaller than what they had expected at the outset. Consumer prices of most imported consumer goods are easily double the import price, and in some cases, more than treble the import prices. Further, there has not been a noticeable drop in the prices of domestically produced consumer goods. Much of the blame has been attributed to the distribution sector of Korea. The objective of this paper is to analyze the imported consumer goods distribution sector of Korea, focusing on the possible sources of the poor performance of that sector, and to make policy suggestions that could potentially increase the welfare. This paper differs from all the previous research by others on this subject in that it analyzes the imported consumer goods distribution sector of Korea as a vertical structure. The distribution sector of an imported consumer good is a vertical structure since it consists of an international market, an import stage, and domestic wholesale and retail markets, in that order vertically. Our study naturally includes the analysis of the vertical restraints as well as the analysis of the industrial organization of each horizontal stage in the vertical structure. Each horizontal component of the imported consumer goods distribution sector is basically a monopolistically competitive market differentiated by characteristics of goods and by the locations and the services of firms. Further, restrictive dealership and resale price maintenance are found to be widely in use. Our main findings are the follwing; First, most consumer goods are imported monopolistically or oligopolistically through restrictive dealership contracts between foreign producers and domestic importers. Such restrictive dealership gives importers market power in the domestic market and explains many of the large discrepancies betwen the consumer prices and the import prices of many goods. Korean anti - trust law does not cover the issues arising from the market power of an importer resulting from a restrictive dealership contract. Second, some major producers of Korean goods are also importers of foreign goods that are substitutes of their products. The import of substitutes by major domestic producers is anti - competitive because it tends to raise the prices of both domestic goods and foreign goods, and also because it reduces the incentive of the domestic producers to raise the quality of their products. Third, wholesalers and retailers widely use resale price maintenance as a price fixing mechanism, and while this is against the anti- trust law, it seldom gets noticed. Fourth, the high level of rents of real estate for commercial use works as an entry barrier to the distribution sector and results in reduced competition by the firms in that sector. Finally, there are information problems. Consumers have inferior information to firms about the quality of a foreign consumer good that they have not tried before. Such information asymmetry often enables firms to raise prices. In addition, information asymmetry between importers frequently delays the import of cheaper substitutes. In order to alleviate the problems indentified above, we suggest the following policy changes. The government should strengthen the anti - trust law and its enforcement to regulate restrictive import contracts, import of competing goods by major domestic producers, and RPM by wholesalers and retailers that is aimed at price fixing. In addition, the government should loosen its tight real estate policy to encourage investment in the distribution sector. Finally, we suggest that the import price revelation policy that has been in use for some items since 1990 be expanded to most imported consumer goods that are introduced for the first time to give consumer better information and be used only for the period of time needed to inform sufficient number of consumers.

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Analysis on the Use Characteristics of Citizen based on Urban Green Spaces Type - Focuses on Suwon-City - (도시녹지 유형에 따른 도시민의 이용 특성 연구 - 수원시를 대상으로 -)

  • Kim, Yea Sung;Kim, Hyun;Ko, Jinsoo
    • Journal of the Korean Institute of Landscape Architecture
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    • 제42권5호
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    • pp.31-40
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    • 2014
  • The importance of green spaces in the city is growing each day. Local governments are taking charge of park development works that are having difficulty in developing and managing urban parks due to high land value as well as a shortage in finances. This is even though an urban park is defined as an urban planning facility and the law provides park area per person. Civil residents, meanwhile, are using not only urban parks provided by law but also other green areas such as rivers, reservoirs, and school playgrounds because they recognize urban green areas by the concept of use. In this study, accordingly, urban green areas were sorted into two types, urban parks, parks provided by law, and other green areas, and the difference in use pattern and use satisfaction by type was analyzed. As a result of analysis, there was no remarkable difference between the two types. According to such results, it was found that it is necessary to include other green areas, such as rivers, reservoirs, school green areas, and apartment green areas in addition to the current park green areas provided by law when park area per person is calculated, and such calculation of urban green areas reflecting local characteristics can reduce local governments' financial burden and improve the effectiveness of future urban park policies. It is judged that such results can become a plan against the cancellation of unexecuted urban facilities. The fact that accessibility factors, such as road satisfaction, access convenience, and convenient movement, are affecting satisfaction with the use of urban parks suggests that it is important to improve urban park accessibilities rather than to quantitatively expand park area in order to improve satisfaction with urban parks. Considering that people travel to urban green areas mostly by walking, it is necessary for access convenience to conduct follow-up studies such as barrier-free and securing walking stability through analysis of routes to urban green areas.

Analysis on Priority of Influence Factors for Management of Vertical-extension Remodeling Project (수직증축 리모델링공사의 효율적 관리를 위한 영향요인 분석)

  • Lee, Dong-Heon;Lim, Hyoung-chul
    • Journal of the Korea Academia-Industrial cooperation Society
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    • 제17권9호
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    • pp.314-321
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    • 2016
  • After the 1980s, as the economy was growing rapidly and the real estate market was active, a large increase in population was supplied to the city. Accordingly, the national apartment housing market is located in the form of Urban Housing Culture. On the other hand, with time, the supply apartment houses became superannuated and the residential environment became poor. Therefore, the environment of old apartment houses has been changed to improve by reconstruction. Despite this, reconstruction incurred not only a lot of construction waste, but also problems of environmental degradation, noise, traffic congestion, increasing number of households, and so on. Recently, the housing law has changed, and vertical extension remodeling focused on Small/Medium Town House is underway. This has been changed in response to the demand. This is one of essential parts in the remodeling field for the future, even though it has some problems in how uses existing buildings. Therefore, this study analyzed occurrence risk factor for each type through research materials and case analysis regarding the vertical extension remodeling of apartment housing. In addition, the relative importance was determined through questionnaires and interviews from constructors, designers, and experts in the field.

Oedipa's Quest and Two Americas (에디파의 탐구와 두 개의 미국)

  • Son, Dongchul
    • English & American cultural studies
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    • 제9권1호
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    • pp.273-295
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    • 2009
  • As Oedipa Mass, the heroine of Thomas Pynchon's The Crying of Lot 49, is apparently associated with Oedipus, the hero in Sophocles' tragedy, this paper aims to show some of their similarities in quest theme and plot development as well as in the use of dramatic irony. Oedipus the King opens with a priest's pleas to relieve the Theban people from a plague and the king's promise to rid its cause by avenging the murder of the former king, as told by the oracle. Lot 49 begins as a Los Angeles law firm informs Oedipa that she is named as the executrix in her former lover Inverarity's will to sort out the mogul's estate. Ironically, however, Oedipus' investigation reveals himself to be the very cause of the national disaster, the murderer for whom he searched. Likewise, Oedipa starts her inquiry dedicating herself to make sense out of what Inverarity had left behind, only to find that the legacy was America. Sophocles and Pynchon both employ dramatic irony to provide a controlling principle for plot development in their works. In Oedipus the King, Sophocles creates mounting tension as well as distance between the reader's knowledge and the protagonist's ignorance, compressing the play's action into the moment that Oedipus discovers his real identity. For dramatic irony, however, Pynchon tends to work through authorial comments and utilize allegorical meanings of the characters' names, directing his novel at illuminating Oedipa's discovery of Inverarity's legacy as well as the meaning of Tristero, an underground postal service system. Unlike Oedipus the King that proceeds on a single line of action, Lot 49 develops in esoteric, multi-layered allusions and intricately-interrelated double strains involving Oedipa's roles as executrix and quester. At the end of Sophocles' tragedy, Oedipus stabs his eyes and decides to live in exile, realizing that, blinded, he begot his children through his mother; Oedipa comes to a painful realization that she allowed her former lover to create death-orienting America without her diversity and moral system in old times. As Oedipa now discovers herself through her search for Tristero, her tragic spirit lies in her determination to confront her binary choices between two Americas: transcendence or entropy, the Tristero possibility or Inverarity's America. Ultimately, Oedipa tries to find who will be the bidder for the Tristero forged stamps designated as lot 49, awaiting the auctioneer's cry and the "crying" of a new-born America.

Research Framework for International Franchising (국제프랜차이징 연구요소 및 연구방향)

  • Kim, Ju-Young;Lim, Young-Kyun;Shim, Jae-Duck
    • Journal of Global Scholars of Marketing Science
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    • 제18권4호
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    • pp.61-118
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    • 2008
  • The purpose of this research is to construct research framework for international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and operation manual. And harder elements like law competent court and terms of expiration. Next element in operating strategy is about product and service. Especially for business format franchising, product/service deliverable, benefit communicators, system identifiers (architectural features), and format facilitators are listed for product/service strategic elements. Another important decision on product/service is standardization vs. customization. The rationale behind standardization is cost reduction, efficiency, consistency, image congruence, brand awareness, and competitiveness on price. Also standardization enables large scale R&D and innovative change in management style. Another element in operating strategy is control management. The simple way to control franchise contract is relying on legal terms, contractual control system. There are other control systems, administrative control system and ethical control system. Contractual control system is a coercive source of power, but franchisor usually doesn't want to use legal power since it doesn't help to build up positive relationship. Instead, self-regulation is widely used. Administrative control system uses control mechanism from ordinary work relationship. Its main component is supporting activities to franchisee and communication method. For example, franchisor provides advertising, training, manual, and delivery, then franchisee follows franchisor's direction. Another component is building franchisor's brand power. The last research element is performance factor of international franchising. Performance elements can be divided into franchisor's performance and franchisee's performance. The conceptual performance measures of franchisor are simple but not easy to obtain objectively. They are profit, sale, cost, experience, and brand power. The performance measures of franchisee are mostly about benefits of host country. They contain small business development, promotion of employment, introduction of new business model, and level up technology status. There are indirect benefits, like increase of tax, refinement of corporate citizenship, regional economic clustering, and improvement of international balance. In addition to those, host country gets socio-cultural change other than economic effects. It includes demographic change, social trend, customer value change, social communication, and social globalization. Sometimes it is called as westernization or McDonaldization of society. In addition, the paper reviews on theories that have been frequently applied to international franchising research, such as agent theory, resource-based view, transaction cost theory, organizational learning theory, and international expansion theories. Resource based theory is used in strategic decision based on resources, like decision about entrance and cooperation depending on resources of franchisee and franchisor. Transaction cost theory can be applied in determination of mutual trust or satisfaction of franchising players. Agent theory tries to explain strategic decision for reducing problem caused by utilizing agent, for example research on control system in franchising agreements. Organizational Learning theory is relatively new in franchising research. It assumes organization tries to maximize performance and learning of organization. In addition, Internalization theory advocates strategic decision of direct investment for removing inefficiency of market transaction and is applied in research on terms of contract. And oligopolistic competition theory is used to explain various entry modes for international expansion. Competency theory support strategic decision of utilizing key competitive advantage. Furthermore, research methodologies including qualitative and quantitative methodologies are suggested for more rigorous international franchising research. Quantitative research needs more real data other than survey data which is usually respondent's judgment. In order to verify theory more rigorously, research based on real data is essential. However, real quantitative data is quite hard to get. The qualitative research other than single case study is also highly recommended. Since international franchising has limited number of applications, scientific research based on grounded theory and ethnography study can be used. Scientific case study is differentiated with single case study on its data collection method and analysis method. The key concept is triangulation in measurement, logical coding and comparison. Finally, it provides overall research direction for international franchising after summarizing research trend in Korea. International franchising research in Korea has two different types, one is for studying Korean franchisor going overseas and the other is for Korean franchisee of foreign franchisor. Among research on Korean franchisor, two common patterns are observed. First of all, they usually deal with success story of one franchisor. The other common pattern is that they focus on same industry and country. Therefore, international franchise research needs to extend their focus to broader subjects with scientific research methodology as well as development of new theory.

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The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • 제30권2호
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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.