Civil Enforcement Act

The delivery or eviction of immovable property or a residence (meaning immovable property or a vessel or other space in which a person resides; the same applies in this Article and in the following Article) is enforced by the court enforcement officer's removing the immovable property or a residence from the obligor's possession and having the obligee acquire possession of it.

If it is particularly necessary to identify the possessor of the immovable property or residence referred to in the preceding paragraph to carry out the enforcement referred to in the paragraph, the court enforcement officer may question a person who is present at that immovable property or residence or request that person to present documents, at the immovable property or residence or in a place adjacent to it.

The judicial enforcement referred to in paragraph (1) may be carried out only when the obligee or their agent appeared at the place of enforcement.

When carrying out the judicial enforcement referred to in paragraph (1), the court enforcement officer may enter the immovable property or residence possessed by the obligor, and, if necessary, may take necessary measures to open closed or locked doors.

In the judicial enforcement referred to in paragraph (1), a court enforcement officer must remove any movables that are not the subject matter of enforcement and deliver them to the obligor or their agent, a cohabiting relative, or an employee or other relevant worker who will exercise reasonable discretion. In this case, if it is not possible to deliver the movables to any of the persons, the court enforcement officer may sell those movables pursuant to the provisions of the Rules of the Supreme Court.

If any part of the movables referred to in the preceding paragraph has not been delivered or sold under the paragraph, a court enforcement officer must retain the part of the movables. In this case, the provisions of the second sentence of the preceding paragraph applies mutatis mutandis.

The expenses for retention under the preceding paragraph are enforcement costs.

When a court enforcement officer has sold movables pursuant to the provisions of paragraph (5) (including as applied mutatis mutandis pursuant to the second sentence of paragraph (6)), the officer must deduct the expenses required for the sale and retention from the proceeds of the sale and make a statutory deposit of the remainder.

The provisions of Article 57, paragraph (5) apply mutatis mutandis to the judicial enforcement referred to in paragraph (1).

If a petition to enforce the delivery or eviction of immovable property or a residence has been filed, and it is possible to commence enforcement, the court enforcement officer may demand its eviction (meaning demanding the person to deliver or evict the immovable property or residence; the same applies in this Article), specifying the time limit for delivery prescribed in the following paragraph; provided, however, that this does not apply if the obligor does not have possession of immovable property or a residence.

The time limit for delivery (meaning the time limit for carrying out judicial enforcement under paragraph (6) based on a demand for eviction; the same applies in this Article) is the day on which one month has passed from the day on which the demand for eviction is made; provided, however, that a court enforcement officer may designate another date as the time limit for delivery by obtaining the permission of the enforcement court.

If the court enforcement officer demands the eviction of the property, they must give public notice of that fact, the time limit for delivery, and the fact that the obligor is prohibited from transferring possession of the immovable property or residence pursuant to the provisions of paragraph (5) by the method of posting a written public notice or any other sign at the place where the immovable property or residence is located.

Until the deadline for delivery passes, the court enforcement officer may extend the deadline for delivery with the permission of the enforcement court. In this case, the court enforcement officer must give public notice of the fact that the deadline for delivery has changed and the deadline for delivery after the change by posting a written public notice or any other type of sign at the place where the immovable property or a residence is located.

Once a demand for eviction is made, the obligor must not transfer possession of the immovable property or residence; provided, however, that this does not apply if the obligor delivers or evicts the immovable property or residence to the obligee.

If possession of immovable property or a residence is transferred after a demand for eviction is made, until the time limit for delivery has been reached, judicial enforcement based on the petition referred to in paragraph (1) may be carried out against the possessor (meaning a person possessing the immovable property or residence referred to in paragraph (1) who is not the obligor; the same applies in this Article). In this case, that possessor is deemed to be the obligor regarding application of the provisions of Article 42 and the preceding Article.

If possession of immovable property or a residence is transferred after a demand for eviction is made, the possessor may file an action against the obligee calling for the court to disallow enforcement, on the basis that the possessor had no knowledge of a demand for eviction of the property having been made and the possessor is not a successor to the obligor's possession. In this case, the provisions of Article 36, Article 37 and Article 38, paragraph (3) apply mutatis mutandis.

A possessor taking possession of immovable property or a residence after a demand for eviction is made is presumed to have taken possession of it knowing that the demand had been made.

When judicial enforcement has been carried out against a possessor pursuant to the provisions of paragraph (6), the possessor may assert, as the basis for filing an objection to an enforcement measure, that they possess the subject matter based on a title which may be duly asserted against the obligee or that they have no knowledge of a demand for eviction having been made and they are not a successor to the obligor's possession.

The expenses required for a demand for eviction are enforcement costs.

Judicial enforcement of delivery of movables (including securities) other than the movables prescribed in Article 168, paragraph (1) is carried out by the method in which a court enforcement officer confiscates the movables from the obligor and delivers it to the obligee.

The provisions of Article 122, paragraph (2), Article 123, paragraph (2) and Article 168, paragraphs (5) through (8) apply mutatis mutandis to the judicial enforcement referred to in the preceding paragraph.

If a third party possesses the subject matter of judicial enforcement, if the third party is liable to deliver the object to the obligor, judicial enforcement of delivery of the object is carried out by the method in which the enforcement court seizes the obligor's claim for delivery against the third party and issues an order permitting the obligee to exercise the claim.

The provisions of Article 144, Article 145 (excluding paragraph (4)), Article 147, Article 148, Article 155, paragraphs (1) and (3) and Article 158 apply mutatis mutandis to the judicial enforcement referred to in the preceding paragraph.

Enforcement as stated in the following items is carried out by the enforcement court's issuing of the orders specified in those items:

judicial enforcement of an obligation to act:an order causing a third party to perform the action at the expense of the obligor; and

judicial enforcement of an obligation not to act:an order directing the removal of the outcome of the action performed by the obligor, or an appropriate ruling against any future action, at the expense of the obligor.

The enforcement court referred to in the preceding paragraph is the court specified in Article 33, paragraph (2), items (i) and (vi) for the categories of the title of obligation stated respectively in those items.

An enforcement court must interrogate the obligor in cases of issuing the order under paragraph (1).

In cases of issuing the order under paragraph (1), an enforcement court may, upon petition, order the obligor to pay to the obligee, in advance, the expenses necessary for conducting the act stated in the order.

An appeal may be filed against a judicial decision on the petition for the judicial enforcement referred to in paragraph (1) or on the petition referred to in the preceding paragraph.

The provisions of Article 6, paragraph (2) apply mutatis mutandis when an order under paragraph (1) is enforced.