Civil Enforcement Act

A summons for the date in a civil enforcement procedure is to be made by serving a writ of summons, announcing the date to a person who has appeared in connection with the case in question, or any other method found to be appropriate.

If a summons for the date is made by a method other than serving a writ of summons or announcing the date to a person who has appeared in connection with the case in question, no legal sanction or other disadvantage due to non-compliance with the date may be attributed to a person who does not appear on the date; however, this does not apply if that person has submitted a document stating that the person has received a summons for the date.

A person who has filed a petition, made an offer, or filed a notification with an enforcement court in connection with a civil enforcement procedure, or been served with a document or an electronic or magnetic record (meaning any record which is produced by electronic, magnetic or any other means unrecognizable by natural perceptive senses and is used for information processing by a computer; the same applies below) by an enforcement court in connection with a civil enforcement procedure must notify the enforcement court of the place (limited to within Japan) at whichif they are to be served with documents. In this case, the person may also notify the enforcement court of the designated person to be served.

Service on of documents about a person who has not filed a notification under the first sentence of paragraph (1) (excluding the person prescribed in Article 104, paragraph (3) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph) isare to be made at the person's domicile, residence, business office, or office that is indicated in the case record.

If service under the preceding paragraph is to be effected but it is not possible to effect service pursuant to the provisions of Article 106 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20 (excluding when service is possible pursuant to the provisions of Article 109-2 of that Code as applied mutatis mutandis pursuant to Article 20), the court clerk may send the document to the domicile, residence, business office, or office referred to in the preceding paragraph by registered mail or using services for delivering correspondence that are prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) that are provided by a general correspondence delivery provider prescribed in paragraph (6) of thatthe Article or specified correspondence delivery provider prescribed in paragraph (9) of thatthe Article and that are specified by the Rules of the Supreme Court as services equivalent to registered mail. In this case, the provisions of Article 107, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis.

Service by publication in a civil enforcement procedure is to be made by the court clerk keeping the document to be served and posting, on the court's bulletin board, a notice to the effect that the document is to be delivered to the person to be served at any time.

(Access to Case Records of Civil Enforcement CasesNon-Electronic or Magnetic Case Record)

An interested person, in connection with the civil enforcement that the enforcement court carries out, may file a request with the court clerk to inspect or copy the hard-copy case record, to be issued an authenticated copy, transcript, records (meaning the portion of a case record excluding the electronic or extract magnetic case record prescribed in paragraph (1) of the recordfollowing Article), or to be issued a certificate of matters relating to an authenticated copy, transcript, or extract of the caserecord.

The provisions of Article 91, paragraphs (4) and (5) of the Code of Civil Procedure apply mutatis mutandis to requests made under the preceding paragraph.

An interested person, in connection with the civil enforcement that the enforcement court carries out, may file a request with the court clerk pursuant to the provisions of the Rules of the Supreme Court to inspect the content of electronic or magnetic case records (meaning the portion of a case record relating to matters recorded in files stored on a computer (including input and output devices; the same applies below) used by the court pursuant to the provisions of this Act and other laws and regulations; the same applies in this Article) displayed in a manner prescribed by the Rules of the Supreme Court.

An interested person, in connection with the civil enforcement that the enforcement court carries out, may file a request with the court clerk, pursuant to the provisions of the Rules of the Supreme Court, to copy the matters recorded in electronic or magnetic case records by recording the matters in files stored on computers by using an electronic data processing system (meaning an electronic data processing system connecting a computer used by the court to a computer used by the other person of the procedure via a telecommunications line; the same applies below) or any other method prescribed by the Rules of the Supreme Court.

An interested person, in connection with the civil enforcement that the enforcement court carries out, may file a request with the court clerk, pursuant to the provisions of the Rules of the Supreme Court, to issue a document stating all or part of the matters recorded in electronic or magnetic case records as certified by the court clerk to contain information identical to the matters recorded in the electronic or magnetic record according to the methods prescribed by the Rules of the Supreme Court, or to provide an electronic or magnetic record containing all or part of the matters as certified by the court clerk to contain information identical to the matters recorded in the electronic or magnetic case records according to the methods prescribed by the Rules of the Supreme Court, by recording it in a file stored on a computer used by the person via an electronic data processing system prescribed by the Rules of the Supreme Court or any other method prescribed by the Rules of the Supreme Court.

The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to requests made under paragraphs (1) and (2).

An interested person, in connection with the civil enforcement that the enforcement court carries out, may file a request with the court clerk, pursuant to the provisions of the Rules of the Supreme Court, to issue a document stating the matters related to the case as certified by the court clerk with respect to the matters according to the methods prescribed by the Rules of the Supreme Court, or to provide an electronic or magnetic record containing the matters as certified by the court clerk with respect to the matters according to the methods prescribed by the Rules of the Supreme Court, by recording it in a file stored on a computer used by the person via an electronic data processing system prescribed by the Rules of the Supreme Court or any other method prescribed by the Rules of the Supreme Court.

(Filing MotionsMotion or Statements with the Court Through Electronic Data Processing Systems)

A petition or other statement in aconnected with civil enforcement procedureproceedings (referred to as a "motion or statement" in this Article) that through Article 19-6) which, pursuant to the provisions of this Act or other laws and regulations concerning the motionpetition or other statement, is to be made filed or entered with the court (including those to be filed or entered with that court's presiding judge, authorized judge, commissioned judge, or court clerk) through a document or other tangible medium (meaning a document, transcript, extract, authenticated copy, or duplicate of a document, duplicate of a bill or note, or any other paper or other tangible object into which information that can be perceived with the human senses, as characters and shapes, has been entered; the same applies in the following paragraph and paragraph (4)below), and that is made to a court specifiedmay be filed or entered by the Supreme Court (including one maderecording in a file the matters to that court's presiding judge, authorized judge, commissioned judge, or court clerk), may be made, notwithstandingstated in the provisions of those laws and regulations, bydocument or other tangible medium using an electronic data processing system (meaning an electronic data processing system connecting a computer (including input and output devices; the same applies below) used by the courtsystems pursuant to a computer used by the person makingprovisions of the motion or statement via a telecommunications line) pursuant toRules of the Supreme Court, notwithstanding the provisions of the Rules of the Supreme Courtlaws and regulations.

With regard to a motion or statement made pursuant to theThe provisions of the preceding paragraph, the provisions of laws and regulations concerningArticle 132-10, paragraphs (2) through (6) of the motion or statement are applied by deeming itCode of Civil Procedure apply mutatis mutandis to have been made through the document or other tangible mediumpetitions and other statements filed by the method prescribed in the provisions of the laws and regulations concerningpreceding paragraph. In this case, the motion or statement that prescribe that the motion or statementterm "service" in Article 132-10, paragraph (5) and (6) is deemed to be made through a documentreplaced with "service or other tangible medium.delivery."

A motion or statement made pursuant to the provisions of paragraph (1) is deemed to have reached the court referred to in that paragraph at the time when it is recorded in a file stored on the computer used by that court.

In the case referred to in paragraph (1), with regard to a motion or statement for which a signature, etc. (meaning signing, printing one's name, affixing one's seal, or otherwise stating one's name or trade name in a document or other tangible medium; the same applies below in this paragraph) is to be made pursuant to the provisions of other laws and regulations concerning the motion or statement, the person making the motion or statement must, notwithstanding the provisions of those laws and regulations, take measures to make clear the person's name or trade name in lieu of the signature, etc., pursuant to the provisions of the Rules of the Supreme Court.

When a motion or statement made pursuant to the provisions of paragraph (1) has been recorded in the file prescribed in paragraph (3), the court referred to in paragraph (1) must output the details of the information recorded in the file in the form of a document.

The inspection or copying of the case record, or the issuance of an authenticated copy, transcript, or extract of it, under the provisions of this Act or other laws and regulations in relation to a motion or statement made pursuant to the provisions of paragraph (1), is to be made by means of the document referred to in the preceding paragraph. The same applies to the service or sending of documents relating to the motion or statement.

Written Judgments(Special Provisions on Filing Petitions with the Court Through Electronic Data Processing Systems)

When preparing a written judgment for a judicial decision concerningthe person stated in the following items files a civil enforcement procedure, petition or other statement with the written judgment must statecourt in relation to the main text, cases provided in the respective items (including petitions or other statement filed with that court's presiding judge, authorized judge, commissioned judge, or court clerk; the parties and statutory agents, and same applies in the following Article), that petition or other statement must be filed by the court relating to means prescribed in paragraph (1) of the judicial decisionpreceding Article; provided, however, that this does not apply when petitions or other statement that may be filed orally are, filed orally.

a representative who has been delegated a case (excluding a person who became a representative with approval pursuant to Article 13, paragraph (1) of this Act or the proviso to Article 54, paragraph (1) of the Code of Civil Procedure):the delegated case;

a person designated under Article 2, Article 5, paragraph (1), Article 6, paragraph (2), Article 6-2, paragraph (4) or (5), Article 6-3, paragraph (4) or (5), or Article 7, paragraph (3) of the Act on the Authority of the Minister of Justice over Suits Relating to the Interests of the State (Act No. 194 of 1947) (including cases where these provisions apply mutatis mutandis pursuant to Article 9 of that Act):the case subject to the designation; and

an official delegated under Article 153, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947):the delegated case.

When The provisions of Article 132-11, paragraph (2) of the written judgment referred Code of Civil Procedure apply mutatis mutandis to the person stated in the preceding paragraph is served, items of the preceding paragraph, and the service is to be made by an authenticated copy provisions of paragraph (3) of that Article apply mutatis mutandis tomotion or other statement prescribed in the main clause of that written judgmentthe preceding paragraph, respectively.

When a motion or statement is filed with the court by document or other tangible medium (unless it is filed in violation of the provisions of paragraph (1) of the preceding Article) in a civil enforcement procedure, the court clerk must record in a file the matters detailed in that document or other tangible medium (excluding the matters prescribed in the following items in the cases stated in the respective items); provided, however, that this does not apply if there are circumstances that make it difficult to record these particulars in a file:

if, regarding the document or other tangible medium to which that motion or statement pertains, a petition as referred to in Article 92, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 (limited to those filed because the grounds stated in item (ii) of that paragraph exist; the same applies in this item) is filed together with that motion or statement, and the use of a trade secret (meaning a trade secret prescribed in Article 2, paragraph (6) of the Unfair Competition Prevention Act (Act No. 47 of 1993); this applies in this item and paragraph (1), item (i) of the following Article) detailed in that document or other tangible medium for purposes other than that of conducting the procedure or the disclosure of that trade secret would be detrimental to the business activities carried out by a party based on that trade secret, and the court finds it to be particularly necessary to prevent this (unless the petition referred to in that paragraph is denied or a judicial decision revoking a ruling on the petition referred to in Article 92, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 becomes final and binding):the trade secret detailed in that document or other tangible medium;

if a notification under Article 133, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is submitted by a document or other tangible medium:the matters detailed in that document or other tangible medium; and

if, regarding the document or other tangible medium to which that motion or statement pertains, a petition referred to in Article 133-2, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is filed together with that motion or statement and the court finds it to be necessary (unless the petition referred to in that paragraph is denied or a judicial decision revoking a ruling on the petition referred to in that paragraph becomes final and binding):the part containing concealed information prescribed in that paragraph which is detailed in that document or other tangible medium.

The provisions of Article 132-12, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to service or delivery of a motion or statement with the court by a document or other tangible medium when the matters stated in the document or other tangible medium are recorded in a file pursuant to the provisions of the preceding paragraph.

A court clerk must file the matters recorded in a document or other tangible medium or recorded on a recording medium storing electronic or magnetic records submitted to the court pursuant to the provisions of this Act or any other laws and regulations in civil enforcement proceedings, in addition to documents or other tangible medium concerning a motion or statement prescribed in paragraph (1) of the preceding Article (excluding the particulars prescribed in the following items in the cases stated in the respective items).;provided, however, that this does not apply if there are circumstances that make it difficult to record these particulars in a file:

if, regarding the document or other tangible medium or recording medium, a petition referred to in Article 92, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is filed together with these submissions, and the use of a trade secret detailed or recorded in that document or other tangible medium or recording medium for purposes other than the purpose of conducting the procedure or the disclosure of that trade secret would be detrimental to the business activities carried out by a party based on that trade secret, and the court finds it to be particularly necessary in order to prevent this(unless the petition is denied or a judicial decision revoking a ruling on the petition becomes final and binding):the trade secret detailed or recorded in that document or other tangible medium or recording medium;

if a notification under Article 133, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is submitted through a recording medium:the matters detailed on that recording medium;

if, regarding the document or other tangible medium or recording medium, a petition referred to in Article 133-2, paragraph (2) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is filed together with these submissions, and the court finds it to be necessary (unless the petition is denied or a judicial decision revoking a ruling on the petition becomes final and binding):the part containing concealed information prescribed in that paragraph which is detailed or recorded in that document or other tangible medium or recording medium; and

if a decision under Article 133-3, paragraph (1) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20 is made and the court finds it to be necessary (unless a judicial decision revoking a ruling on the petition becomes final and binding):the matters detailed in documents or other tangible medium or recorded on a recording medium storing an electronic or magnetic record of the decision.

The provisions of Article 132-12, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to service or delivery of a document or other tangible medium or a recording medium storing an electronic or magnetic record of the matters stated or recorded in the document or other tangible medium or recording medium storing an electronic or magnetic record are recorded in a file pursuant to the provisions of the preceding paragraph.

The provisions of Articles 19-2 through 19-4 apply mutatis mutandis to a motion or statement filed with a court enforcement officer, and the provisions of the preceding Article apply mutatis mutandis to a document or other tangible medium or a recording medium storing an electronic or magnetic record submitted to a court enforcement officer pursuant to the provisions of this Act of other laws and regulations in a civil enforcement procedure, respectively. In this case, the term "file" in Article 19-2, paragraph (1), Article 19-4, and the preceding Article is deemed to be replaced with "file stored on a computer (including input and output devices) used by the court enforcement officer," and the phrase "excluding a person who became a representative with approval pursuant to Article 13, paragraph (1) of this Act or the proviso to Article 54, paragraph (1) of the Code of Civil Procedure" in Article 19-3, paragraph (1), item (i) is deemed to be replaced with "limited to attorneys at law."

Except where there are special provisionsUnless otherwise provided, and unless contrary to its nature, the provisions of Part I1 through Part IV4 of the Code of Civil Procedure (excluding Article 71, paragraph (2), Article 91-2, Article 92, paragraphs (9) and (10), Article 92-2, paragraph (2), Article 94, Article 100, paragraph (2), Part I, Chapter V, Section 4, Subsection 3, Article 111, Part I, Chapter VII, Article 133-2, paragraphs (5) and (6), Article 133-3, paragraph (2), Article 151, paragraph (3), Article 160, paragraph (2), Article 185, paragraph (3),apply mutatis mutandis to civil enforcement procedures. In this case, the phrase "the items of Article 205132-11, paragraph (2), Article 215, paragraph (2),1)" in Article 227109-4, paragraph (2), and Article 232-2 1) of that Code) apply mutatis mutandis to a civil enforcement procedure to the extent that they are not contraryCode of Civil Procedure is deemed to its nature. In this case, the words listed in be replaced with "the middle columnitems of Appended Table 1 in the provisionsArticle 19-3, paragraph (1) of that Code listed in the upper column of that table are deemed to beCivil Enforcement Act (including as replaced with the words listed in the lower column of that table, respectively.and applied mutatis mutandis pursuant to Article 19-6)."

With regard to the procedure for a case relating to an action under Article 24 or Articles 33 through 35 that falls under the jurisdiction of a family court (referred to as "enforcement-related action procedure in a family court" in this Article), the provisions of Article 71, paragraph (2), Article 91-2, Article 92, paragraphs (9) and (10), Article 92-2, paragraph (2), Article 94, Article 100, paragraph (2), Part I, Chapter V, Section 4, Subsection 3, Article 111, Article 132-6, paragraph (3), Part I, Chapter VII, Article 133-2, paragraphs (5) and (6), Article 133-3, paragraph (2), Article 151, paragraph (3), Article 160, paragraph (2), Article 161, paragraph (3), item (iii), Article 185, paragraph (3), Article 205, paragraph (2), Article 215, paragraph (2), Article 227, paragraph (2), Article 232-2, Article 253, paragraph (2), and Article 267, paragraph (2) of the Code of Civil Procedure, and Part VII of that Code, do not apply.

With regard to the application of the provisions of the Code of Civil Procedure to an enforcement-related action procedure in a family court, the words listed in the middle column of Appended Table 2 in the provisions of that Code listed in the upper column of that table are to be the words listed in the lower column of that table, respectively.

The provisions of Article 15-2, Article 16, paragraph (5) and Article 19-2 apply mutatis mutandis to an enforcement-related action procedure in a family court.

an order for interim measures prescribed in Article 4850 of the Arbitration Act (Act No. 138 of 2003) for which an enforcement approval order has become final and binding;

Judicial enforcement based on a title of obligation that establishes provision of security as a condition for implementing judicial enforcement may begin only once the obligee produces a document or electronic or magnetic record proving that the obligee has provided security.

Judicial enforcement must be stayed if any of the following documents or electronic or magnetic records has been submitted:

an authenticated copy of a record, or a certificate of recorded information of an electronica record (meaning anor electronic record prescribed in Article 160, paragraph (1) of the Code of Civil Procedure; the same applies in Article 167-2, paragraph (1), item (iv)), of a judicial settlement or mediation in which it is indicated that the obligation will not be enforced or that the petition for enforcement is withdrawn;

an authenticated copy of a record of mediation,a written tribunal decision or of aan electronically written tribunal decision of a labor(meaning an electronic tribunal decision that has the same effect as a judicial settlement pursuant to the provisions ofdocument prescribed in Article 2120, paragraph (43) of the Labor Tribunal Act (Act No. 45 of 2004) or) of the record referred to in Article 20, paragraph (7) of that Act, indicating a labor tribunal decision that has the same effect as a judicial settlement in which it is indicated that the obligation will not be enforced or that the petition for enforcement is withdrawn, or an authenticated copy or certificate of recorded information of a record or electronic record containing a statement or record of the main text of the order and an outline of the reasons for a labor tribunal decision made by making an oral announcement in lieu of preparing these items;

a document or electronic or magnetic record proving that security for avoiding judicial enforcement has been provided;

a document or electronic or magnetic record indicating or recording that, after the establishment of a title of obligation, the obligee has had their claim satisfied or consented to granting a grace period for performance.

A stay of judicial enforcement based on submission of a document or electronic or magnetic record stated in item (viii) of the preceding paragraph which contains or records a statement that an obligee received performance is limited to a period of four weeks.

A stay of judicial enforcement based on submission of a document or electronic or magnetic record stated in paragraph (1), item (viii) which contains or records a statement that an obligee consented to granting a grace period forof performance that may only be effected only twice, and the total period maydoes not exceed six months.

If a document (excluding a certificate of recorded information) stated in paragraph (1), item (iii) should be submitted pursuant to the provisions of that paragraph, a person seeking to submit a petition to stay enforcement may, pursuant to the provisions of the Rules of the Supreme Court, submit the information prescribed in the Rules of the Supreme Court as the information necessary to identify the case concerning which the grounds prescribed in the item have arisen in lieu of submitting the document. In this case, that person is deemed to have submitted the relevant document.

If a document or electronic or magnetic record stated in paragraph (1), itemsitem (i) through (vi) of the preceding Article has been submitted, the enforcement court or court enforcement officer must void even an enforcement measuredisposition that has already been taken.

The portion of the enforcement cost to be borne by an obligor pursuant to the provisions of paragraph (1), other than (excluding costs that were collected pursuant to the provisions of paragraph (2), ; the same applies in the following paragraph and paragraph (7)) and the amount of money to be returned by an obligee pursuant to the provisions of the preceding paragraph are established by a court clerk of the enforcement court, upon petition.

A person may file an objection withpetition prescribed in the enforcement court to the court clerk's disposition concerning a petition underpreceding paragraph must be filed within 10 years from the preceding paragraph, within an inalterable period of one week fromday stated in the following items in accordance with the day on whichcategories of the person is notified of it.amounts stated in the respective items:

the amount of the enforcement cost prescribed in the preceding paragraph:the day on which the judicial enforcement proceedings are completed; or

the amount of money to be returned prescribed in the preceding paragraph:the day on which the judicial decision or judgment prescribed in paragraph (3) becomes final and binding.

If the enforcement court finds there to be grounds A person may file an objection with the enforcement court to the filing of an objection tocourt clerk's disposition concerning a court clerk's disposition underpetition referred to in paragraph (4), and the enforcement cost and the amountwithin an inalterable period of money to be returned prescribed in that paragraph are required to be established,one week from the day on which the court must establish those amounts itselfperson is notified of those measures.

An appeal against anIf the enforcement decision may be filed against an order oncourt finds there to be grounds to the filing of an objection to a court clerk's disposition under paragraph (4), and the provisions enforcement cost and the amount of money to be returned prescribed in that paragraph (5)are required to be established, the court must establish those amounts itself.

A court clerk's disposition under paragraph (4) does not become effective until it becomes final and bindingAn appeal may be filed against a ruling on the objection under paragraph (6).

The provisions of Article 74, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to aA court clerk's disposition under paragraph (4). In this case, the provisions of paragraphs (5) and (7) and the preceding paragraph, does not become effective until it becomes final and of Article 74, paragraph (3) of that Code, apply mutatis mutandisbinding.

The provisions of Article 74, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to a court clerk's disposition under paragraph (4). In this case, the provisions of paragraph (6), paragraph (8), the preceding paragraph and Article 74, paragraph (3) apply mutatis mutandis.

When aA registrar has must, when having made registration of a seizure based on a commission under the preceding paragraph, notify the registrar must send a certificate enforcement court to that effect and of registered information of that registration to the matters prescribed in the Rules of the enforcement courtSupreme Court.

When a seizure associated with an order commencing compulsory auctioncompulsory-auction proceedings becomes effective (unless another order commencing compulsory auctioncompulsory-auction proceedings 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 electronic description of property (meaning an electronic description of property prescribed in Article 62, paragraph (2)).

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 who has been registered after the registration of the seizure resulting from an order commencing compulsory auction proceedings, and ; an obligee who has a registered (excluding provisional registration) general statutory lien; or an obligee who has proved that the obligee has a general statutory lien by based on any of the documents stated in the items of or electronic or magnetic records stated in Article 181, paragraph (1) , item (ii) may demand distribution.

Description of(Electronic Property Description)

AThe court clerk must prepare a description, for the sale of immovable property stating , prepare an electronic or magnetic record in advance in which the matters stated in the following matters.items are recorded pursuant to the provisions of the Rules of the Supreme Court and record that record in a file:

A court clerk must keep a copy of document prepared by outputting the matters recorded in the electronic description of property under(meaning the electronic or magnetic record recorded to a file pursuant to the provisions of the preceding paragraph ; the same applies in this paragraph and Article 71, item (vii)) at the enforcement court and take measures to make it available for public inspection, take the measures to put those matters in a condition where they can be viewed on the screen of a computer installed at the court, or take athe measure specified by the Rules of the Supreme Court as one by whichfor enabling many and unspecified persons can be provided withto access the contents of thatthe relevant electronic description of property.

In the case referred to inof the preceding paragraph, notwithstanding the provisions of Article 93, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20,court clerk must, simultaneously with a disposition to have a sale implemented, designate the period for the court clerk is to designateexpression of opinions pursuant to the date for the ruling on the sale atprovisions of Article 70, paragraph (1) and the same time asday on which the disposition ordering the sale to be implementedruling specified in Article 69, paragraph (1) is rendered.

Date for the (Ruling on thea Sale)

TheAn enforcement court must hold the date for the ruling on the sale and announce whetherrule to permit or not to permit thethat sale.

A ruling specified in the preceding paragraph must be done by preparing an electronic ruling (meaning an electronic or magnetic record prepared pursuant to the provisions of Article 252, paragraph (1) of the Code of Civil Procedure applied mutatis mutandis pursuant to Article 122 of that Code applied mutatis mutandis pursuant to Article 20; the same applies in Article 190, paragraph (1), item (iii)), pursuant to the provisions of the Rules of the Supreme Court.

A person who has an interest in whether athe sale of immovable property isbeing permitted or not permitted may state their opinion, at the date for the ruling on the sale, regarding any of the grounds stated in the items of the following Article that affect their rights.

Statements of opinion under the preceding paragraph must be made in writing within the period designated in accordance with the provisions of Article 64, paragraph (4).

there is a serious error in the determinationan order of the standard sales price or of a, an order of package sale, in the preparation of the an electronic description of property, or in the procedures for those;procedure of that order or preparation; or

If athe document stated in Article 39, paragraph (1), item (vii) has been submitted during the period from when the implementation of a sale has endedsale procedures have finished being implemented until the date for the ruling on the sale endsruling to permit or not permit a sale, the enforcement court may not hold the date for the ruling on therule to permit or not permit a sale, unless it will issue an orderrule not permittingto permit the sale based on different grounds. In this case, the highest bidder or the next highest bidder may make a filing with the enforcement court rescinding their purchase offer.

If athe document prescribed in the preceding paragraph has been submitted after the date for the ruling on the sale has endedruling to permit or not permit a sale, the provisions of Article 39 apply only if the order permitting a ruling to permit the sale made on that date has beenis set aside or has ceased to be effective, or the order a ruling to not permittingpermit the sale made on that date has becomebecame final and binding.

If athe document or electronic or magnetic record stated in Article 39, paragraph (1), item (viii) is submitted after the implementation of the sale has endedsale procedures have finished being implemented, the provisions of that Article apply only if the order permitting the sale in relationruling to permit that sale has beenis set aside or has ceasedceases to be effective, or the order not permitting the sale in relation toruling to not permit that sale has become final and binding.

A courtRegarding application of appeal may, if it finds it the provisions of Article 10, paragraph (2) for an appeal against a ruling to be necessary, specify permit or not permit a sale, the phrase "the opposite party day on which the person is notified of the appellant.judicial decision" in that paragraph is deemed to be replaced with "the day of the ruling to permit or not permit a sale."

A ruling to permit or not permit a sale does not take effect until it becomes final and bindingcourt of appeal may, if it finds it to be necessary, specify the opposite party of the appellant.

A ruling to permit or not permit a sale does not take effect until it becomes final and binding.

The provisions of the preceding paragraph apply mutatis mutandis to the case of submitting athe document or electronic or magnetic record stated in Article 39, paragraph (1), items (iv) through (v) after a purchase offer has been made.

If the purchaser is an obligee who is to receive a distribution or payment from the proceeds of the sale, the purchaser may pay the price from which the amount of distribution or payment to be received has been deducted, by making a requestthe proposal to the enforcement court by the time when the order permitting the of permission of sale becomes final and binding, pay . In this case, the sales price on the distribution date ormust be paid by the day of delivery of payment, after deducting when the period for filing an objection (meaning the amount to be received as a distribution or payment; provided, however, that if an opposition has been filed period for filing an objection prescribed in Article 85-2, paragraph (1); the same applies in the following paragraph) ends or paid on the distribution date regarding(meaning the amount of distribution to be received by the purchaser, the purchaser must pay, within one week from that distribution date, money equivalent todate prescribed in Article 85-3, paragraph (1); the same applies in the following paragraph and Article 85, paragraph (1)) or the portion pertaining to the oppositionday of delivery of payment.

The court clerk may changeIn the case of the time limit under paragraph (1) if preceding paragraph, if an objection is filed regarding the clerk finds itamount of distribution to be particularly necessaryreceived by the purchaser, the purchaser must pay money equivalent to the portion that the objection concerns within one week from the day that the period for filing an objection ends or the distribution date.

A person may file an objection withThe court clerk may change the enforcement court to a court clerk's dispositiontime limit under paragraph (1) orif the preceding paragraphclerk finds it to be particularly necessary.

The provisions of the first sentence of Article 10, paragraph (6) and Article 10, A person may file an objection with the enforcement court to a court clerk's disposition under paragraph (9) apply mutatis mutandis to cases where an objection under1) or the preceding paragraph has been filed.

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 sales price has been paid, thean enforcement court must implement distribution based on the an electronic distribution list, (an electronic distribution list prescribed in paragraph (3) of the following Article recorded in a file pursuant to the provisions of paragraph (5) of that Article) except in the cases prescribed in the following paragraph.

If there is only one obligee or if there are two or more obligees and it is possible to fully perform the claims and enforcement costs of the respective obligees with the proceeds of the sale, the enforcement court prepares a an electronic statement of delivery of the proceeds of the sale, (meaning an electronic or magnetic record prepared by the enforcement court, pursuant to the provisions of the Rules of the Supreme Court, by recording the amount of the proceeds of the sale, the amounts of the principal of the claims, interest, and any other incidental claims of each obligee, the amount of the enforcement costs, and the order and amounts of delivery of payment money to enable the payment money and surplus to be delivered; the same applies in the following paragraph) pursuant to the provisions of the Rules of the Supreme Court, and delivers payment money to the obligees, and delivers any surplus to the obligor.

If a document stated in Article 39, paragraph (1), items (i) through (vi) has been submitted afteran enforcement court has prepared an electronic statement of delivery pursuant to the paymentprovisions of the sales price, and there is another obligee who is to receive a distribution of the proceeds ofpreceding paragraph, the enforcement court must record the sale or deliveryelectronic statement of payment (referred to as "distribution or payment" below),delivery in a file pursuant to the enforcement court must implementprovisions of the distribution or payment for that obligeeRules of the Supreme Court.

Even ifIf a document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or item (viiiitems (i) through (vi) has been submitted after the payment of the sales price, and there is another obligee who is to receive a distribution of the proceeds of the sale or delivery of payment (referred to as "distribution or payment" below), the enforcement court must implement the distribution or payment for that obligee.

Even if a document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or item (viii) has been submitted after the payment of the sales price, the enforcement court must implement distribution or payment.

(Preparation of theElectronic Distribution List)

On the distribution date, theAn enforcement court determines, for each of the obligees stated in the items of Article 87, paragraph (1), the amounts of the principal of the claim, interest, and any other incidental claims, the amount of enforcement costs, and the order and amount of distribution for each of the obligees stated in the items of Article 87, paragraph (1); provided, however, that this does not apply to the order and amount of distribution if an agreement has been reached among all of the obligees and notification to that effect is submitted to the enforcement court or an agreement has been reached among all of the obligees on the distribution date.

OnWhen the distribution date, matters prescribed in the main clause of paragraph (1) (excluding the order and amount of the distribution, in the obligeescase prescribed in the proviso to that paragraph ; the same applies in paragraph (1) andof the obligor following Article) have been determined pursuant to the provisions of paragraph (1), a court clerk must be summonedprepare an electronic distribution list (meaning an electronic or magnetic record prepared by the court clerk, pursuant to the provisions of the Rules of the Supreme Court, by recording the matters stated in the following paragraph to implement a distribution; the same applies below) pursuant to the provisions of the Rules of the Supreme Court.

On A statement of the distribution date, if amount of the proceeds of the enforcement court finds it to be necessary for determining sale and the content of the enforcement court's determination on the matters prescribed in the main clause of paragraph (1), it may interrogate the obligees and (and, in a case as provided in the obligor who appeared and immediately examine any documentary evidence that may be examined or proviso to that paragraph, the content of the agreement on the order and amount of the details of informationdistribution) must be recorded in electronic or magnetic recordsan electronic distribution list.

When the matters prescribed in the main clause of paragraph (1) (excludingIf a court clerk has prepared an electronic distribution list pursuant to the order and amountprovisions of distribution, inparagraph (3), the case prescribed in the proviso to that paragraph) have been determinedcourt clerk must record the electronic distribution list in a file pursuant to the provisions of paragraph (1), the court clerk must prepare a distribution list onRules of the distribution dateSupreme Court.

The amount of the proceeds of the sale and the content of the enforcement court's determination on the matters prescribed in the main clause of paragraph (1) (and, in the case prescribed in the proviso to that paragraph, the content of the agreement on the order and amount of distribution) must be stated in the distribution list.

The provisions of Article 16, paragraphs (3) and (4) apply mutatis mutandis to the service of a summons on the obligees prescribed in paragraph (1) (excluding those prescribed in the first sentence of paragraph (1) of that Article).