Civil Enforcement Act

Judicial enforcement against immovable property (excluding any fixtures on land that are not registrable; the same applies in this Section) (referred to as "enforcement against immovable property" below) is carried out by the method of a compulsory auction or forced administration. These methods may be used jointly.

As it concerns judicial enforcement of claim for payment of money, co-ownership interests in immovable property, registered superficies and farming rights, and co-ownership interests in those rights are deemed to be immovable property.

The district court having jurisdiction over the relevant location (or, for what is regarded to be immovable property pursuant to the provisions of paragraph (2) of the preceding Article, the place where it is to be registered) has jurisdiction over enforcement against immovable property as the enforcement court.

If a building exists over multiple jurisdictional districts of district courts, any of the district courts having jurisdiction in the locality of the land on which that building exists have jurisdiction over judicial enforcement against that building as the enforcement court, and the district court having jurisdiction in the locality of the relevant land or the district court that has received a petition for judicial enforcement against the building has jurisdiction over judicial enforcement against the land on which that building exists as the enforcement court.

In the cases of the preceding paragraph, the enforcement court may, when it finds it to be necessary, transfer the case to another court with jurisdiction.

No appeal may be entered against an order under the preceding paragraph.

to commence proceedings for a compulsory auction, the enforcement court must issue an order commencing compulsory-auction proceedings, and, in that order, it must declare that immovable property will be seized for the benefit of the obligee.

The commencement order referred to in the preceding paragraph must be served upon the obligor.

An appeal may be filed against a judicial decision to deny a petition for a compulsory auction.

A seizure becomes effective when an order commencing compulsory-auction proceedings is served upon the obligor; provided, however, that if the seizure is registered before the service of the commencement order, the seizure becomes effective at the time of the registration.

A seizure does not preclude the obligor from using or making profits from the immovable property in an ordinary way.

If a person files a petition for a compulsory auction of immovable property for which an order commencing compulsory auction proceedings or the auctioning of property as a means of enforcing a security interest (referred to as an "auction" in this Section) has been issued, the enforcement court is to issue another order commencing compulsory auction proceedings.

If a petition for a compulsory auction or auction connected with a previous commencement order is withdrawn or if the proceedings for the compulsory auction or auction connected with a previous commencement order are canceled, the enforcement court must continue the proceedings based on the subsequent commencing compulsory auction proceedings.

In the cases of the preceding paragraph, if the subsequent commencing compulsory auction proceedings are connected with a petition that is filed after the deadline for a distribution demand, the court clerk must set a new deadline for a distribution demand. In this case, it is not required to demand a notification under Article 49, paragraph (2) from any person who has already filed a proof as referred to in Article 50, paragraph (1) (including as applied mutatis mutandis pursuant to Article 188).

A person may file an objection with the enforcement court to a court clerk's disposition under the preceding paragraph.

The provisions of the first sentence of Article 10, paragraph (6) and Article 10, paragraph (9) apply mutatis mutandis to cases where an objection under the preceding paragraph has been filed.

If the proceedings for a compulsory auction or auction connected with a previous commencement order are stayed, the enforcement court, upon petition, may make a judicial decision to continue the proceedings based on subsequent commencing compulsory-auction proceedings (limited to one resulting from a petition filed no later than the deadline for a distribution demand); provided, however, that this does not apply if the cancellation of the proceedings connected with the previous order would change the matter stated in Article 62, paragraph (1), item (ii).

An appeal may be filed against an order to deny the petition referred to in the preceding paragraph.

When an order commencing compulsory auction proceedings has been issued, a court clerk must immediately commission the registration of the seizure connected with that commencement order.

When a registrar has made registration of a seizure based on a commission under the preceding paragraph, the registrar must send a certificate of registered information of that registration to the enforcement court.

When a seizure associated with an order commencing compulsory auction proceedings becomes effective (unless another order commencing compulsory auction or auction proceedings has been issued before the commencement order in question), the court clerk must set a deadline for any distribution demands by taking into consideration the period required for the procedure for preparation of the description of property.

Once the court clerk sets the deadline for a distribution demand, they must give public notice of the fact that a commencement order has been issued and of the deadline for a distribution demand, and demand the following persons or entities to file notifications with the enforcement court of the existence or non-existence of claims (including interests and any other incidental claims) and the basis and amounts of those claims by the deadline for a distribution demand:

obligee stated in Article 87, paragraph (1), item (iii);

obligee stated in Article 87, paragraph (1), item (iv) (in cases of a holder of mortgage instruments, limited to a known holder); or

government agency or public office that has administrative jurisdiction over tax and other public charges.

If the court clerk finds it to be particularly necessary, they may extend the deadline for a distribution demand.

If the court clerk has extended the deadline for a distribution demand pursuant to the provisions of the preceding paragraph, they must give public notice of the extended deadline.

A person may file an objection with the enforcement court to a court clerk's disposition under paragraph (1) or paragraph (3).

The provisions of the first sentence of Article 10, paragraph (6) and Article 10, paragraph (9) apply mutatis mutandis to cases where an objection under the preceding paragraph has been filed.

A person stated in paragraph (2), item (i) or (ii) of the preceding Article who has demanded under that paragraph must make a filing concerning the demanded information by the deadline for a distribution demand.

If there is a change in the amount of principal from a claim under a filing as referred to in the preceding paragraph, the person that made that filing must make a filing to that effect.

If, intentionally or through negligence, a person that is required to make a filing pursuant to the provisions of the preceding two paragraphs fails to make that filing or makes a false filing, that person is liable to compensate for the damage that results.

An obligee that has an authenticated copy of a title of obligation based on which judicial enforcement may be implemented pursuant to the provisions of Article 25 (referred to as an "authenticated copy of an enforceable title of obligation" below), an obligee effecting a provisional seizure that was registered after the registration of the seizure resulting from an order commencing compulsory auction proceedings, and an obligee who has proved that the obligee has a general statutory lien by any of the documents stated in the items of Article 181, paragraph (1) may demand distribution.

An appeal may be filed against a judicial decision to deny a distribution demand.

If a ruling to permit a sale is not issued within three months from the deadline for a distribution demand or if a ruling to permit a sale that is issued within the three month period is revoked or ceases to be effective, the deadline for a distribution demand is deemed to have been changed to the day after the expiration of three months following the deadline; provided, however, that this does not apply if a ruling to permit a sale that is issued within three months from the deadline for when a distribution demand ceased to be effective and ruling to permit the sale has been issued for the next-highest offer under Article 67 (excluding cases where the order has been revoked or has ceased to be effective).

If it becomes clear that immovable property has been lost or that there are other circumstances hindering the transfer of immovable property, the enforcement court must cancel the proceedings for the compulsory auction.

If a petition for a compulsory auction is withdrawn or if an order voiding the proceedings for a compulsory auction becomes effective, the court clerk must commission the deletion of the registration of a seizure subject to that commencement order.

The registration and license tax and any other expenses required for a commission under the preceding paragraph are borne by the attaching obligee associated with that withdrawal or cancellation order.