Civil Enforcement Act

Enforcement of a security interest in immovable property (excluding any fixtures on land that are not registrable, and including what are deemed to be immovable property pursuant to the provisions of Article 43, paragraph (2); the same applies in this Chapter) (referred to as a "security interest in immovable property" in this Chapter) is carried out by either of the following methods that has been chosen by the obligee:

the method of a secured immovable property auction (meaning enforcement of a security interest in immovable property through an auction; the same applies in this Chapter); or

the method of enforcement against earnings from secured immovable property (meaning enforcement of a security interest in immovable property by the method of allotting the earnings from immovable property to performance of the secured claim; the same applies in this Chapter).

Enforcement of a security interest in immovable property is commenced only when a petition specified in item (i) or a document or electronic or magnetic record specified in item (ii) has been submitted:

a petition for enforcement of a security interest in immovable property regarding immovable property for which a security interest has been registered (excluding provisional registration); or

any of the following documents or electronic or magnetic records:

a transcript or certificate of recorded information of a final and binding judgment, a ruling referred to in Article 75 of the Domestic Relations Case Procedure Act, or a document that has the same effect as that judgment or ruling, proving the existence of the security interest;

a transcript of a notarial instrument referred to in Article 43, paragraph (1), item (i) of the Notary Act prepared by a notary, proving the existence of the security interest, a document referred to in item (ii) of that paragraph (limited to a document onto which all of the items recorded in the notarial instrument have been output), or an electronic or magnetic record referred to in item (iii) of that paragraph (limited to a record in which all of the items recorded in the notarial instrument have been recorded); or

in the case of a general statutory lien, a document or electronic or magnetic record proving its existence.

In order for a holder of mortgage instruments to file a petition for enforcement of a security interest in immovable property, the holder must submit the mortgage instruments.

In the case of filing a petition for enforcement of a security interest in immovable property after the security interest has been succeeded, a document proving that succession must be submitted if that succession is inheritance or any other general succession, and a transcript of a judicial decision or any other official document proving that succession must be submitted if that succession is other than general succession.

When a commencement order for enforcement of a security interest in immovable property has been issued, the court clerk, at the time of servicing the commencement order, must send to the opposite person an electronic or magnetic record in which the matters stated in the following items are recorded. In this case, if a document or electronic or magnetic record stated in paragraph (1), item (ii), (c) is submitted upon the filing of a petition for enforcement of a security interest in immovable property, an electronic or magnetic record relating to the matters stated or recorded in the document or electronic or magnetic record that are recorded in a file must also be sent to the opposite person.

an indication that a petition referred to in paragraph (1), item (i) is filed or a list of documents or electronic or magnetic records stated in item (ii) of that paragraph that were submitted upon the filing of a petition for enforcement of a security interest in immovable property; and

a list of the documents or electronic or magnetic records prescribed in the preceding two paragraphs that were submitted upon the filing of a petition for enforcement of a security interest in immovable property.

The obligor or the owner of immovable property (or, for what is deemed to be immovable property, its right holder; the same applies below) may assert the absence or extinguishment of the security interest as the basis for filing an appeal against or objection to a commencement order for enforcement of a security interest in immovable property.

The procedure of enforcement of a security interest in immovable property must be stayed when a petition referred to in item (i) or document referred to in item (ii) (in the case of (c) of that item, a document or electronic or magnetic record) has been submitted:

a petition for a stay of the procedure of enforcement of a security interest in immovable property for which registration of the security interest is deleted;

any of the following documents (in the case of (c), a document or electronic or magnetic record):

a transcript or certificate of recorded information of a final and binding judgment (including a document that has the same effect as a final and binding judgment; the same applies in (b)) proving absence of the security interest;

a transcript or certificate of recorded information of a final and binding judgment, which orders deletion of the registration stated in Article 181, paragraph (1), item (i) or voids or declares invalid the judicial decision stated in item (ii), (a) of that paragraph or a document that has the same effect as that judicial decision;

a transcript of a record of a judicial settlement or any other official document containing a statement that the security interest is not to be exercised, the petition for enforcement of the security interest is withdrawn, the obligee has received performance of the claim secured by the security interest, or has granted a grace period for the claim (if the official document has been prepared in the form of an electronic or magnetic record, an electronic or magnetic record in which all of the matters recorded in that electronic or magnetic record are recorded);

a transcript or certificate of recorded information of a judicial decision ordering a stay of procedures for enforcing a security interest in immovable property and the voidance of an enforcement measure;

a transcript or certificate of recorded information of a judicial decision ordering a temporary stay of procedures for enforcing a security interest in immovable property; and

a transcript or certificate of recorded information of a judicial decision temporarily prohibiting enforcement of the security interest.

If a petition referred to in item (i) of the preceding paragraph is filed or a document or electronic or magnetic record stated in item (ii), (a) through (d) is submitted, the enforcement court must void even an enforcement measure that has already been taken.

The provisions of Article 12 do not apply to an order under the preceding paragraph.

Acquisition of immovable property by the purchaser through payment of the price in a secured immovable property auction is not obstructed by absence or extinguishment of the security interest.