Civil Enforcement Act

If an action opposing the granting of an attestation of enforceability or an action to dispute a claim has been filed, and if the circumstances that the person alleges for raising the opposition or dispute appear to be legally well-grounded and a prima facie showing is made on factual matters, the court in charge of the case, upon petition, may order a stay of enforcement until a judicial decision as referred to in paragraph (1) of the following Article is made in the final judgment, while either requiring or not requiring security to be provided, or, in addition to the order, may issue an order for judicial enforcement to continue while requiring security to be provided, or may issue an order voiding an enforcement measure that has already been taken while requiring security to be provided. If there are pressing circumstances, the presiding judge may also order these measures.

The court may render a judicial decision on the petition referred to in the preceding paragraph without hearing oral arguments.

If the grounds prescribed in paragraph (1) exist, if there are pressing circumstances, the enforcement court, upon petition, may order the measures prescribed in that paragraph, while specifying a period for submitting an authenticated copy or certificate of recorded information of a judicial decision under that paragraph. This judicial decision may also be made before the filing of an action opposing the granting of an attestation of enforceability or an action to dispute a claim.

When the period specified pursuant to the provisions of the preceding paragraph has expired or when a judicial decision under paragraph (1) has been submitted to the enforcement court or court enforcement officer within the period, the judicial decision stated in the preceding paragraph ceases to be effective.

No appeal may be entered against a judicial decision on the petition referred to in paragraph (1) or paragraph (3).

In the final judgment on an action opposing the granting of an attestation of enforceability or an action to dispute a claim, the court in charge of the case may order the measures prescribed in paragraph (1) of the preceding Article or void, change, or approve a judicial decision under that paragraph that has already been made. The court must make a declaration of provisional enforcement for this judicial decision.

No appeal may be entered against a judicial decision under the preceding paragraph.

A third party who has ownership of the subject matter of judicial enforcement or any other right that obstructs assignment or delivery of the subject matter may file, against the obligee, a third-party action opposing enforcement to call for the court to disallow enforcement.

The third party prescribed in the preceding paragraph may file an action against the obligor regarding the subject matter of judicial enforcement, in consolidation with the action referred to in that paragraph.

The action referred to in paragraph (1) is under the jurisdiction of the enforcement court.

The provisions of the preceding two Articles apply mutatis mutandis to a judicial decision to stay enforcement in connection with the action referred to in paragraph (1).

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

an enforceable authenticated copy or certificate of recorded information of a judicial decision containing a statement that a title of obligation (excluding a notarial instrument authorizing enforcement) or a declaration of provisional enforcement is revoked or a statement that judicial enforcement is not permitted;

an authenticated copy or certificate of recorded information of a final and binding judgment declaring a settlement, acknowledgment, mediation or labor tribunal decision that a title of obligation concerns to be invalid;

an authenticated copy of a record or any other document prepared by a court clerk which proves that any of the titles of obligation stated in Article 22, item (ii) through (iv)-2 has ceased to be effective due to withdrawal of the action or any other grounds;

an authenticated copy or certificate of recorded information of a record or electronic record 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;

a written tribunal decision or an electronically written tribunal decision (meaning an electronic tribunal decision document prescribed in Article 20, paragraph (3) of the Labor Tribunal Act (Act No. 45 of 2004)) of 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;

an authenticated copy or certificate of recorded information of a judicial decision in which the court has indicated that it is issuing an order staying enforcement and voiding an enforcement measure;

an authenticated copy or certificate of recorded information of a judicial decision in which the court has indicated that it is issuing an order for a temporarily staying enforcement; or

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 of performance that may only be effected twice and the total period does 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), item (i) through (vi) of the preceding Article has been submitted, the enforcement court or court enforcement officer must void even an enforcement disposition that has already been taken.

The provisions of Article 12 do not apply if the enforcement court or court enforcement officer voids an enforcement disposition pursuant to the provisions of the preceding paragraph.

Judicial enforcement may be continued even if the obligor died after its commencement.

In the cases of the preceding paragraph, if existence of an heir to the obligor or the whereabouts of this person is unknown, the enforcement court may, upon petition, appoint a special representative for the inherited property or heir.

The cost of judicial enforcement that is necessary (referred to as "enforcement cost" below) is borne by the obligor.

In judicial enforcement of claim for payment of money, the enforcement cost may be collected simultaneously in the course of the enforcement procedures without requiring a title of obligation.

When a judicial decision revoking a title of obligation (excluding a notarial instrument authorizing enforcement) on which enforcement is based, or a judgment declaring invalidity of a settlement, acknowledgment, mediation or labor tribunal decision that a title of obligation concerns has become final and binding, the obligee must return, to the obligor, money equivalent to the enforcement cost that has been paid to the obligee.

The portion of the enforcement cost to be borne by an obligor pursuant to the provisions of paragraph (1) (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 clerk of the enforcement court, upon petition.

A petition prescribed in the preceding paragraph must be filed within 10 years from the day stated in the following items in accordance with the categories of the 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.

A person may file an objection with the enforcement court to the court clerk's disposition concerning a petition referred to in paragraph (4), within an inalterable period of one week from the day on which the person is notified of those measures.

If the enforcement court finds there to be grounds to the filing of an objection to a court clerk's disposition under paragraph (4), and the enforcement cost and the amount of money to be returned prescribed in that paragraph are required to be established, the court must establish those amounts itself.

An appeal may be filed against a ruling on the objection under paragraph (6).

A court clerk's disposition under paragraph (4) does not become effective until it becomes final and binding.

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.