Except when the court issues an order of non-permission by reason that a designated security interest holder has submitted, within the period referred to in Article 187, paragraph (1), a document that certifies their filing of the petition for exercise of security interests referred to in that paragraph, it must issue an order of permission referred to in Article 186, paragraph (1), designating the person specified in each of the following items in accordance with the category stated in the respective items as the counterparty to the sale related to the permission:
when the notification prescribed in paragraph (8) of the preceding Article has not been made:the counterparty to the sale stated in Article 186, paragraph (3), item (iii); or
前条第八項に規定する届出がされなかった場合 第百八十六条第三項第三号の売却の相手方
when the notification prescribed in paragraph (8) of the preceding Article has been made:the purchase applicant prescribed in that paragraph.
In the case stated in item (ii) of the preceding paragraph, when the order of permission stated in that paragraph has become final and binding, it is deemed that a sales contract with the same content as that stated in the document referred to in Article 186, paragraph (4) (excluding the counterparty to the sale) has been concluded between the bankruptcy trustee and the applicant for purchase specified in that item related to the permission (referred to below as the "purchaser" in this Section). In this case, the offered purchase price is deemed to be the amount of proceeds under the sales contract.
When a judicial decision on the petition stated in Article 186, paragraph (1) is made, a purchase applicant (excluding the purchase applicant specified in paragraph (1), item (ii)) may withdraw the purchase offer made by them until the judicial decision becomes final and binding.
An immediate appeal may be filed against a judicial decision on the petition referred to in Article 186, paragraph (1).
第百八十六条第一項の申立てについての裁判に対しては、即時抗告をすることができる。
When a judicial decision on the petition referred to in Article 186, paragraph (1) or a judicial decision on the immediate appeal referred to in the preceding paragraph is made, the written judgment must be served upon the parties concerned. In this case, the provisions of the main clause of Article 10, paragraph (3) do not apply.
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