Civil Enforcement Act

When an enforcement court determines the matters prescribed in the main clause of paragraph (1) of the preceding Article pursuant to the provisions of that paragraph, the enforcement court must designate the period when oppositions under Article 89, paragraph (1) should be filed (referred to as the "opposition filing period" below).

When an enforcement court designates the opposition filing period under the preceding paragraph, the enforcement court must send the judicial decision designating the opposition filing period and the electronic distribution list prepared pursuant to the provisions of paragraph (3) of the preceding Article (limited to an electronic distribution list that is recorded in a file pursuant to the provisions of paragraph (5) of that Article; the same applies below, except for paragraph (4) of the following Article) on the obligees and obligor prescribed in paragraph (1) of the preceding Article.

When an enforcement court finds it to be necessary, the enforcement court may designate a date when objections under Article 89, paragraph (1) should be filed (referred to as the "distribution date" below). In this case, notwithstanding the provisions of paragraph (1) of the preceding Article, it is not necessary for the enforcement court to designate an objection filing period.

On the distribution date, the obligees prescribed in Article 85, paragraph (1) and the obligor must be summoned.

The provisions of Article 16, paragraphs (3) and (4) apply mutatis mutandis to service of electronic writs of summon (meaning the electronic writs of summon prescribed in Article 94, paragraph (1), item (i) of the Code of Civil Procedure applicable mutatis mutandis pursuant to Article 20) related to the summons of the obliges specified in the preceding paragraph (excluding the person prescribed in the first sentence of paragraph (1) of that Article).

When a distribution date is designated pursuant to the provisions of paragraph (1), determination of the matters under the main clause of Article 85, paragraph (1) under that paragraph, the notification specified in the proviso of that paragraph, and preparation of the electronic distribution list under paragraphs (3) and (4) of that Article must be performed on the relevant distribution date.

On the distribution date, if the enforcement court finds it to be necessary for determining the matters prescribed in the main clause of Article 85, paragraph (1), it may interrogate the obligees and the obligor who appeared and immediately examine any documentary evidence that may be examined or the details of information recorded in electronic or magnetic records.

An obligee or obligor who is dissatisfied with the claim or amountany of the amounts of distribution of anyclaim or distribution of the respective obligees statedrecorded in the electronic distribution list may, on the distribution date, file an opposition (referred to as "filing an opposition to distribution" below).

Filing of an opposition to distribution under paragraph (1) must be made through a document within the opposition filing period designated pursuant to the provisions of Article 85-2, paragraph (1); provided, however, that if a distribution date is designated pursuant to the provisions of Article 85-3, paragraph (1), filing of an opposition to distribution must be made either through a document or orally on the relevant distribution date.

In a judgment on the action referred to in paragraph (1), the electronic distribution list must be changed, or the electronic distribution list must be rescinded for the preparation ofto prepare a new electronic distribution list.

The filing of an opposition to distribution is deemed to have been withdrawn if the obligee or the obligor who has filed it fails to prove to the enforcement court that they have filed the action referred to in paragraph (1), or fails to prove that they have filed the action referred to in the preceding paragraph and to submit an authenticated copy or certificate of recorded information of a judicial decision to stay enforcement in connection with that action, to the enforcement court within one week (or, if the purchaser is to pay money pursuant to the proviso toprovisions of Article 78, paragraph (45), within two weeks) from the expiration date of the opposition filing period or the distribution date (or, for the filing of an opposition to distribution against a an unknown holder of a mortgage instrument who is not knowninstruments, the day on which that holder became known).

if an authenticated copy or certificate of recorded information of a judicial decision temporarily prohibiting the enforcement of the statutory lien, pledge, or mortgage (referred to as a "statutory lien or other charge" in this paragraphbelow) under the claim has been submitted;

If distribution is to be implemented pursuant to the provisions of the preceding paragraph, and it is no longer possible to implement distribution to anany obligee connected with athe statutory deposit based on the grounds stated in items (i) through (v) of paragraph (1paragraph (1), items (i) through (v) of the preceding Article, or to anany obligee effecting a provisional seizure or anany attaching obligee subject to a stay of enforcement connected withrelated to a statutory deposit based on the grounds stated in item (vi) of thatthe paragraph, or if an obligee connected with athe statutory deposit based on the grounds stated in item (vii) of that paragraph has been defeated in an action to oppose distribution filed by the obligor, the enforcement court must also change the electronic distribution list for obligees who did not file an opposition to distribution.

If athe document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or (viii) has been submitted, forced administration may be continued inwith the same stateconditions as at the time of the submission, except for the procedure of distribution or payment. In this case, the administrator must make a statutory deposit of the money to be allotted to the distribution or payment and notify the enforcement court of the circumstances.

An obligee having an authenticated copy of an enforceable title of obligation , an obligee who has a registered (excluding provisional registration) general statutory lien, and an obligee who has proved that the obligee has a general statutory lien 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 make a distribution demand to the enforcement court.

The provisions of Article 46, paragraph (1), Article 47 , paragraph (2), the main clause of Article 47, paragraph (6), Article 47, paragraph (7), Article 48, Article 53, Article 54, Article 84, paragraphs (34) and (45), Article 87 , paragraphs (2) and (3) and Article 88 apply mutatis mutandis to forced administration, and the provisions of Article 84, paragraphs (1) and (2through (3), ArticlesArticle 85 through 86, and Articles 89 through 92 apply mutatis mutandis to the procedure of distribution or payment implemented by the enforcement court pursuant to the provisions of Article 109. In this case, the phrase "after the payment of the sales price" in Article 84, paragraphs (34) and (45) is deemed to be replaced with "after the passage of the period referred to in Article 107, paragraph (1)".."

If A court enforcement officer must, when the obligee fails to submit a document or electronic or magnetic record proving that the obligee has filed a petition for vessel enforcement within five days from the day on which the court enforcement officer received delivery of the ship's papers, the court enforcement officer must return the ship's papers to the obligor.

If athe document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or (viii) has been submitted regarding the claim of an attaching obligee, and if, before any purchase offer, the obligor provides a guarantee equivalent to the total amount of the claims and enforcement costs of the attaching obligee and any obligees that have filed a demand for distribution by the time the obligor provides the guarantee (or by the deadline for a distribution demand, if the obligor is providing the guarantee after that deadline), the enforcement court, upon petition, must cancel the proceedings for the compulsory auction, other than proceedings for distribution or payment.

If a stay of enforcement based on submission of the document or electronic or magnetic record prescribed in the preceding paragraph has ceased to be effective, the enforcement court must implement distribution or payment of the guarantee that has been provided pursuant to the provisions of that paragraph to the obligees referred to in that paragraph. In this case, the enforcement court may reclaim any securities that have been deposited as provision of a guarantee.

The provisions of Division 2 of the preceding Subsection (excluding Article 45, paragraph (1), Article 46, paragraph (2), Article 48, Article 54, Article 55, paragraph (1), item (ii), Article 56, Article 64-2, Article 65-2, Article 68-4, Article 71, item (v), Article 81 and Article 82) apply mutatis mutandis to vessel enforcement against a vessel, and the provisions of Article 48, Article 54 and Article 82 applyapplies mutatis mutandis to judicial enforcement against athe Japanese vessel prescribed in Article 1 of the ShipShips Act (Act No. 46 of 1899), respectively. In this case, the phrase "any of the documentsdocument stated in the items of Article 181, paragraph (1), item (ii)" in Article 51, paragraph (1) is deemed to be replaced with "athe document", and the phrase "a general statutory lien based on" is deemed to be replaced with "a statutory lien based on".

A statutory lien holder or a pledgee may make a distribution demand by submitting a document or electronic or magnetic record that proves their right.

If athe document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or (viii) has been submitted, and if there is a likelihood of a considerable decline in the price of the seized property or if an inappropriate amount of costs is are to be required for the retention of that seized property, a court enforcement officer may sell the seized property.

The provisions of Article 84, paragraphs (34) and (45) and Article 88 apply mutatis mutandis to the case of implementing distribution or payment pursuant to the provisions of paragraph (1) or paragraph (2).

when an authenticated copy or certificate of recorded information of a judicial decision to temporarily prohibit exercise of a statutory lien or pledge for the claim has been submitted.

If an enforcement court is unable to serveservice an order of seizure onto an obligor, the enforcement court may specify a reasonable period and order the attaching obligee to make, within that period, a proposal for the obligor'san address, residence or other, and a place where a document on the order of seizure is toshould be served (a petition for service by publication, in the cases stated in the items of Article 110, paragraph (1) of the Code of Civil Procedure, which apply mutatis mutandis pursuant to Article 20; the same applies in the following paragraph).

An obligee having an authenticated copy of an enforceable title of obligation and an obligee who has proved by a document that the obligee has a statutory lienthat they have a statutory lien based on a document or electronic or magnetic record may make a distribution demand.

When the distribution demand referred to in the preceding paragraph has been made, a document stating an electronic or magnetic record (limited to a record that is recorded in a file) prepared by the recording court clerk recording a statement to that facteffect must be served onupon the third party obligor.

A third party obligor must, by the time the obligor receives a service of thea complaint for the action prescribed in paragraph (1) of the following Article, make a statutory deposit, to an official depository at the place of performance of the obligation, of money equivalent to the total amount of the claim if the obligor has been served with an order of seizure, a disposition of seizure or an order of provisional seizure that has been issued beyond the unseized portion of thea monetary claim subject to a seizure, or of money equivalent to the seized portion if the obligor has been served with a document stating an electronic or magnetic record (limited to a record that is recorded in a file) prepared by the recording court clerk recording that a distribution demand has beenis made, to an official depository at the place of performance of the obligation.

If an appeal against an enforcement decision has been filed on the groundsbasis that athe document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or (viii) wasis submitted after the issuance of an assignment order, the court of appeal must withhold the judicial decision on the appeal against an enforcement decision, except in the case of setting aside the assignment order based on another groundreason.

The provisions of Article 159, paragraphs (2) and (3) and the preceding Article apply mutatis mutandis to a transfer order, the provisions of Article 159, paragraph (7) apply mutatis mutandis to an appeal against an enforcement decision filed against a transfer order, the provisions of Article 65 and Article 68 apply mutatis mutandis to a sale by a court enforcement officer based on a sale order, the provisions of Article 159, paragraph (2) apply mutatis mutandis to an administration order, and the provisions of Article 84, paragraphs (34) and (45), Article 88, Article 94, paragraph (2), Article 95 , paragraphs (1), (3) and (4), Articles 98 through 104, and Articles 106 through 110 apply mutatis mutandis to administration based on an administration order, respectively. In this case, the phrase "after the payment of the sales price" in Article 84, paragraphs (34) and (45) is deemed to be replaced with "after the passage of the period referred to in Article 107, paragraph (1) as applied mutatis mutandis pursuant to Article 161, paragraph (7)".."

In the case of making a commission under the preceding paragraph (excluding the case prescribed in the following paragraph), the commission document must have attached to it an authenticated copyan attached certificate of recorded information of an assignment order or a transfer order, or a transcript an attached certificate of the document recorded information of an electronic or magnetic record that is prepared by a court enforcement officer regarding a sale based on a sale order and recorded in a file.

In the case of making a commission under paragraph (1), when making a commission under Article 18 of the RealImmovable Property Registration Act (Act No. 123 of 2004) as applied mutatis mutandis pursuant to Article 16, paragraph (2) of thatthe Act (including as applied mutatis mutandis pursuant to other laws and regulations), information proving the fact that an assignment order or a transfer order has been issued or information proving the contents of the document an electronic or magnetic record that is prepared by a court enforcement officer regarding a sale based on a sale order and recorded in a file must be provided togethersubmitted along with the commission information.

If registration, etc. has been made pursuant to the provisions of Article 150, when a document or electronic or magnetic record proving that a payment or a statutory deposit has beenis made for the seized claim has been submitted, a court clerk must, upon petition, commission deletion of that registration, etcthe relevant registration. The same applies when the petition for enforcement against a claim has been withdrawn or when an order setting to set aside thean order of seizure has become final and binding.

An obligee who hashaving an authenticated copy of an enforceable title of obligation and an obligee who has proved by a document that the obligee has a statutory lien based on a document or electronic or magnetic record may make a distribution demand for distribution to a court clerk.

If thea statutory deposit prescribed has been made provided in paragraph (1) has been made, and, 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 deposit money, thea court clerk prepares a records an electronic statement of delivery of the deposit money, delivers (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 amount of the deposit money, the amounts of the principal of the claims, interest, and any other incidental claims of each obligee, the amount of the enforcement expenses, and the order and amounts of delivery of payment money to enable the obligees,payment money and surplus to be delivered) in a file, and delivers the payment money to the obligee and delivers any surplus to the obligor.

The provisions of Article 84, paragraphs (34) and (45), Article 88, Article 91 (excluding paragraph (1), items (vi) and (vii)), and Article 92, paragraph (1) and paragraphs (3) through (7), and Article 166, paragraph (3) apply mutatis mutandis to the procedure of delivery of payment money implemented by a court clerk pursuant to the provisions of paragraph (3), the provisions of paragraph (3) of the preceding Article apply mutatis mutandis to an order under paragraph (1), paragraph (2), paragraph (4) or paragraph (5), and the provisions of paragraph (6) of that Article apply mutatis mutandis to cases where an order under paragraph (1), paragraph (2), paragraph (4) or paragraph (5) has become effective, respectively. In this case, the term "order of seizure" in Article 166, paragraph (3) is deemed to be replaced with "disposition of seizure".

To apply the provisions of Chapter I and Chapter II, Section 1 to enforcement against a claim arising from a small claims action, the phrase "proceedings that take place in theprocedures with an enforcement court" in Article 13, paragraph (1) is deemed to be replaced with "proceedingsprocedures for enforcement against a claim arising from a small claims action prescribed in Article 167-2, paragraph (2)",," the term "enforcement court" in Article 16, paragraph (1) is deemed to be replaced with "court clerk",," the phrase "civil enforcement carried out by an enforcement court" in Article 17 , paragraph (1), Article 17-2, paragraphs (1) through (3), and Article 17-3 is deemed to be replaced with "the enforcement against a claim arising from a small claims action prescribed in Article 167-2, paragraph (2)",," the phrase "the enforcement court or court enforcement officer" in Article 40, paragraph (1) is deemed to be replaced with "the court clerk",," and the phrase "a court clerk of the enforcement court" in Article 42, paragraph (4) is deemed to be replaced with "a court clerk".."

A request under Article 17, paragraph (1), under Article 91, paragraph (4) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 17, paragraph (2), and under Article 17-2, paragraphs (1) through (3) and Article 17-3 regarding the portion of the record of an asset disclosure case that relates to the provision of information under Article 208, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph may be made only by the following persons:

obligee who has submitted a document or electronic or magnetic record proving that the obligeeit has a general statutory lien (limited to one pertaining to Article 306, item (iii) of the Civil Code) for property of thean obligor;

If the obligor's manifestation of intention is in exchange for counter-performance, an attestation of enforceability may be granted only when the obligee has submitted a document or electronic or magnetic record proving that the counter-performance has been provided or its offer has been made.

If the obligor's manifestation of intention concerns the absence of something that is not a fact to be provedproven by the obligor and a petition for granting of an attestation of enforceability has been filed, a court clerk may demand that the obligor submit a document or electronic or magnetic record proving that fact, specifying a certain period for this, and may grant an attestation of enforceability only if the obligor fails to submit the document or electronic or magnetic record within that period.

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 or electronic or magnetic record 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 (if electronic or magnetic record is used to prepare the document, including that electronic or magnetic record) proving that succession must be submitted if that succession is that other than general succession.

To file a petition under paragraph (1), the documents to be submitted pursuant to the provisions of Article 181, paragraphs (1) through ((excluding item (i)), paragraph (2), or paragraph (3) in cases of filing a petition for a secured immovable property auction must be presented or an electronic or magnetic record to be submitted pursuant to these provisions must be submitted, except cases where a security interest regarding immovable property referred to in paragraph (1) has been registered (excluding provisional registration).

When a petitioner fails to submit a document or electronic or magnetic record proving that the petitioner has filed a petition for the secured immovable property auction referred to in paragraph (1) within three months from the day of receipt of the notice of an order granting the provisional order referred to in that paragraph, the enforcement court must set aside the order, upon petition by the respondent or the owner of the immovable property referred to in the paragraph.

cases where the obligee has submitted to a court enforcement officer a document or electronic or magnetic record proving that the possessor of the movables has consented to a seizure; or

cases where the obligee has submitted a transcript of a written ruling or certificate of recorded information of the electronic ruling (limited to a ruling that has been recorded in a file pursuant to the provisions of Article 253, paragraph (2) of the Code of Civil Procedure applied mutatis mutandis pursuant to Article 122 of that Code applied mutatis mutandis pursuant to Article 20 of that Code) for the permission referred to in the following paragraph to a court enforcement officer, and that ruling has been served on the obligor before or simultaneously with a search under Article 123, paragraph (2) as applied mutatis mutandis pursuant to Article 192.

An enforcement court may, upon petition by an obligee who has submitted a document or electronic or magnetic record proving the existence of a security interest, permit commencement of an auction of movables in connection with that security interest; .;provided, however, that this does not apply to cases where the movables do not exist at the place or in the container prescribed in Article 123, paragraph (2).

The provisions of Section 2, Subsection 4, Division 1 of the preceding Chapter (excluding Article 146, paragraph (2), Article 152 and Article 153) and Articles 182 through 184 apply mutatis mutandis to the enforcement or exercise of a security interest prescribed in the preceding paragraph, the provisions of Article 146, paragraph (2), Article 152 and Article 153 apply mutatis mutandis to the enforcement or exercise of a general statutory lien prescribed in the preceding paragraph, and the provisions of Article 167-17 apply mutatis mutandis to the case where an obligee who has submitted a document or electronic or magnetic record proving that the obligeeit has a general statutory lien (limited to one pertaining to Article 306, item (iii) of the Civil Code) for property of thean obligor has filed a petition under Article 197, paragraph (2) or a petition under Article 206, paragraph (2), respectively.

An enforcement court must, when either of the following items applies, order implementation of an asset disclosure procedure against an obligor, upon petition by an obligee who has submitted a document or electronic or magnetic record proving that the obligee has a general statutory lien forin the property of the obligor:

When the order referred to in paragraph (1) or paragraph (2) has been issued, the relevant order (or, for the order referred to in the paragraph, the order and a copy of the document referred to in the paragraph or an electronic or magnetic record in which all of the matters recorded in the electronic or magnetic record referred to in the paragraph has been recorded) must be served upon the obligor.

Only the following persons may make a request under Article 17, paragraph (1), the provisions of Article 91, paragraph (4) of the Code of Civil Procedure applied mutatis mutandis pursuant to Article 17, paragraph (2), and the provisions of Article 17-2, paragraphs (1) through (3) and Article 17-3 for the portion of the record of an asset disclosure case that relates to the asset disclosure date:

an obligee who has submitted a document or electronic or magnetic record proving that the obligee has a general statutory lien forin the property of the obligor; or

cases where any of the items of Article 197, paragraph (2) apply:obligee who has submittedprovided a document or electronic or magnetic record proving that it has a general statutory lien forin the property of the obligor

When an order upholding the petition of paragraph (1) is issued, the order (in the case of item (ii) of that paragraph, the order and a copy of the document under that item or an electronic or magnetic record in which all of the matters recorded in the electronic or magnetic record prescribed in that item has been recorded) must be served uponto the obligor.

When any of the items of Article 197, paragraph (2) apply, an enforcement court must, upon petition of an obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien (limited to one pertaining to Article 306, item (iii) of the Civil Code) for property of the obligor, order a person stated in the items of the preceding paragraph whom the obligee selected pursuant to the provisions of the Rules of the Supreme Court, to provide information about matters provided in the items.

When any of the items of Article 197, paragraph (2) apply, an enforcement court must, upon a petition of an obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien for property of thean obligor, order a person stated in the items of the preceding paragraph whom the obligee selected pursuant to the provisions of the Rules of the Supreme Court, to provide information about matters provided in the items.

Only the following persons may make a request under Article 17, paragraph (1), the provisions of Article 91, paragraph (4) of the Code of Civil Procedure applied mutatis mutandis pursuant to Article 17, paragraph (2), and the provisions of Article 17-2, paragraphs (1) through (3) and Article 17-3 for the portion of the provisioning of information of paragraph (1) of the preceding Article in a case record related to procedures for acquiring information from a third party under Article 205 or Article 207:

obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien for property of an obligor;

Only the following persons may make a request under Article 17, paragraph (1), the provisions of Article 91, paragraph (4) of the Code of Civil Procedure applied mutatis mutandis pursuant to Article 17, paragraph (2), and the provisions of Article 17-2, paragraphs (1) through (3) and Article 17-3 for the portion of the provisioning of information of paragraph (1) of the preceding Article in a case record related to procedures for acquiring information from a third party under Article 206:

obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien (limited to one pertaining to Article 306, item (iii) of the Civil Code) for property of an obligor;