Section 2 Judicial Enforcement of Claims for Payment of Money (Articles 85-3 to 92)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
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.
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.
Distribution Date Through Communication by Audio Transmission（音声の送受信による通話の方法による配当期日）
Article 86, paragraph (1)
If an enforcement court finds it to be reasonable, the enforcement court may perform procedures on a distribution date by a method of communication that enables the enforcement court and the obligees prescribed in Article 85, paragraph (1) and the obligor to simultaneously communicate with one another by audio transmission pursuant to the provisions of the Rules of the Supreme Court.
A person who does not appear on a distribution date prescribed in the preceding paragraph and participates in the proceedings is deemed to have appeared on that distribution date.
前項の配当期日に出頭しないでその手続に関与した者は、その配当期日に出頭したものとみなす。
Article 86-2第八十六条の二
Proceeds of the Sale（売却代金）
Article 86-2, paragraph (1)
Proceeds of the sale are to consist of the following:
売却代金は、次に掲げるものとする。
Article 86-2, paragraph (1), item (i)
the price of the immovable property;
不動産の代金
Article 86-2, paragraph (1), item (ii)
the portion of the guarantee that has been provided pursuant to the provisions of Article 63, paragraph (2), item (ii) that is equivalent to the amount that remains after deducting the price from the obligee's offered price; and
第六十三条第二項第二号の規定により提供した保証のうち申出額から代金の額を控除した残額に相当するもの
Article 86-2, paragraph (1), item (iii)
the guarantee of which return may not be claimed by the purchaser pursuant to the provisions of the second sentence of Article 80, paragraph (1).
第八十条第一項後段の規定により買受人が返還を請求することができない保証
Article 86-2, paragraph (2)
If immovable property has been sold in a package pursuant to the provisions of Article 61, if it is necessary to determine the amount of the proceeds of the sale for each piece of immovable property, the amount is the amount obtained by dividing the total amount of the proceeds of the sale proportionately according to the standard sales price of each piece of property. The same applies to the burden of enforcement costs for each piece of property.
The provisions of Article 78, paragraph (3) apply mutatis mutandis to a realization if the guarantee prescribed in paragraph, paragraph (1), item (ii) or (iii) has been provided by a method other than payment of money.
Scope of Obligees Entitled to Receive a Distribution（配当等を受けるべき債権者の範囲）
Article 87, paragraph (1)
Obligees entitled to receive a distribution or payment from the proceeds of the sale are the following:
売却代金の配当等を受けるべき債権者は、次に掲げる者とする。
Article 87, paragraph (1), item (i)
an attaching obligee (limited one that has filed a petition for a compulsory auction or an auction to enforce a general statutory lien by the deadline for a distribution demand);
obligees that have filed a distribution demand by the deadline to demand distribution;
配当要求の終期までに配当要求をした債権者
Article 87, paragraph (1), item (iii)
the obligee in any provisional seizure that is registered before registration of the seizure (meaning the seizure resulting from the first order commencing compulsory auction proceedings; the same applies in the following item); and
obligees holding any statutory lien (excluding general statutory liens held by the obligees stated in item (i) or item (ii)), pledge or mortgage which is registered (including provisional registration based on the provisional disposition prescribed in Article 53, paragraph (2) of the Civil Preservation Act) before registration of the order of the seizure and are extinguishable through the sale (including the holder of mortgage instruments connected to that mortgage).
If the right of the obligee stated in item (iv) of the preceding paragraph has been registered after registration of a provisional seizure, that obligee may receive distribution or payment only when the obligee effecting a provisional seizure has been defeated in the suit on the merits or the provisional seizure has ceased to be effective.
If proceedings for a compulsory auction involving a seizure have been stayed and a judicial decision to continue the proceedings has been issued under Article 47, paragraph (6), and if the attaching obligee subject to the stay is defeated in a suit or other dispute connected with that stay, obligees holding any right prescribed in paragraph (1), item (iv) which is registered after registration of the seizure and before registration of a seizure connected with the judicial decision of continuation may receive distribution or payment.
Distribution or Payment for Claims with Due Dates（期限付債権の配当等）
Article 88, paragraph (1)
A claim for which the fixed due date has yet to arrive is deemed to have become due as it concerns distribution or payment.
確定期限の到来していない債権は、配当等については、弁済期が到来したものとみなす。
Article 88, paragraph (2)
If the claim referred to in the preceding paragraph bears no interest, the amount of distribution or payment must be calculated with the amount of principal, which together with the interest for the period from the day of distribution or payment until the due date calculated based on the statutory interest rate as of the day of distribution or payment constitutes the amount of the claim, being deemed to be the amount of the claim.
Article 89, paragraph (1)（配当異議の申出）(Filing of an Opposition to Distribution)Changed
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).
An enforcement court must implement a distribution of only the part of the proceeds against whose distribution no filing an opposition to distribution has been filed.
執行裁判所は、配当異議の申出のない部分に限り、配当を実施しなければならない。
Article 89, paragraph (3)（配当異議の申出）(Filing of an Opposition to Distribution)Added
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.
An obligee who has filed an opposition to distribution or an obligor who has filed an opposition to distribution against an obligee who does not have an authenticated copy of an enforceable title of obligation must file an action to oppose distribution.
The action referred to in the preceding paragraph is under the jurisdiction of the enforcement court.
前項の訴えは、執行裁判所が管轄する。
Article 90, paragraph (3)（配当異議の訴え等）
The action referred to in paragraph (1) must be denied if the plaintiff fails to appear on the first date of oral argument, except when the plaintiff fails to appear based on grounds not attributable to them.
Article 90, paragraph (4)（配当異議の訴え等）(Action to Oppose Distribution)Changed
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.
An obligor who has filed an opposition to distribution against an obligee who has an authenticated copy of an enforceable title of obligation must file an action to dispute a claim or the action referred to in Article 117, paragraph (1) of the Code of Civil Procedure.
Article 90, paragraph (6)（配当異議の訴え等）(Action to Oppose Distribution)Changed
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 any of the following grounds exist for the claim of an obligee who is to receive distribution or payment, the court clerk must make a statutory deposit of money equivalent to the amount of the distribution or payment:
if the claim is one subject to a condition precedent or one with an uncertain due date;
停止条件付又は不確定期限付であるとき。
Article 91, paragraph (1), item (ii)（配当等の額の供託）
if the claim is one held by the obligee effecting a provisional seizure;
仮差押債権者の債権であるとき。
Article 91, paragraph (1), item (iii)（配当等の額の供託）
if the document stated in Article 39, paragraph (1), item (vii) or Article 183, paragraph (1), item (ii), (e) has been submitted;
第三十九条第一項第七号又は第百八十三条第一項第二号ホに掲げる文書が提出されているとき。
Article 91, paragraph (1), item (iv)（配当等の額の供託）(Statutory Deposit in the Amount of Distribution)Changed
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 provisional registration or provisional registration based on a provisional disposition under Article 53, paragraph (2) of the Civil Preservation Act has been made for the statutory lien or other charge under the claim;
if the amount for distribution is not fixed due to the existence of a statutory lien or other charge that is registered after the registration of a provisional seizure or a seizure subject to a stay; or
仮差押え又は執行停止に係る差押えの登記後に登記された先取特権等があるため配当額が定まらないとき。
Article 91, paragraph (1), item (vii)（配当等の額の供託）
if an action to oppose distribution has been filed.
配当異議の訴えが提起されたとき。
Article 91, paragraph (2)（配当等の額の供託）
The court clerk must make a statutory deposit of money equivalent to the amount of distribution or payment for any obligee who failed to appear to the enforcement court to receive distribution or payment (including any unknown holder of mortgage instruments).
If a statutory deposit has been made under paragraph (1) of the preceding Article, and the grounds for that statutory deposit have extinguished, the enforcement court must implement distribution or payment of the deposit money.
Article 92, paragraph (2)（権利確定等に伴う配当等の実施）(Implementation of Distribution when Rights Become Final and Binding)Changed
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 a statutory deposit is made under paragraph (1) of the preceding Article and the grounds for that statutory deposit have been extinguished, an obligee connected with that statutory deposit (when a statutory deposit is made for the reasons provided in item (vi) of that paragraph, an obligee effecting a provisional seizure or obligee effecting a seizure subject to a stay of enforcement; the same applies in this Article) must immediately notify the enforcement court to that effect.
If a statutory deposit is made under paragraph (1) of the preceding Article and two years have passed from the day when the statutory deposit is made (when notification is provided stating that the grounds for the statutory deposit have not been extinguished pursuant to the provisions of this paragraph, then the day that the last notification is provided) without the provision of the notification under the preceding paragraph, enforcement court must demand that, if the grounds for the statutory deposit have been extinguished, obligees connected with the statutory deposit provide notification to that effect, and if the grounds for the statutory deposit have not been extinguished, that those obliges provide notification to that effect.
If an obligee connected to a statutory deposit who received demand under the preceding paragraph does not provide notification under paragraph (3) or does not provide notification stating that the grounds for the statutory deposit have not been extinguished under the preceding paragraph within two weeks from the day that the demand is received, the enforcement court may make a decision that a distribution or payment is implemented in relation to the statutory deposit pursuant to the provisions of paragraphs (1) and (2) excluding the obligee connected to the statutory deposit.
A decision specified in the preceding paragraph becomes effective on the day when an inalterable period of one week passes from the day that the obligee connected to the relevant statutory deposit received the notification; provided, however, that this does not apply when the obligee connected to the relevant statutory deposit submits notification provided in paragraph (3) or notification that the grounds for the statutory deposit have not been extinguished provided in paragraph (4) before the inalterable period passes.
When an obligee connected to a statutory deposit provides notification to the enforcement court stating that the grounds for the statutory deposit have not been extinguished before the period prescribed in paragraph (4) passes, notification stating that the grounds for the statutory deposit have not been extinguished is deemed to have been received under that paragraph regarding application of the provisions of that paragraph.