Civil Enforcement Act

If an obligor or a possessor of immovable property engages in a price reducing act (meaning an act that reduces or is likely to reduce the price of immovable property; the same applies in this paragraph), the enforcement court, upon petition by an attaching obligee (excluding an attaching obligee who filed a petition for a compulsory auction or an auction after the deadline for a distribution demand), may issue the provisional order stated in any of the following items or the provisional order to post a public notice (meaning a provisional order directing a court enforcement officer to give public notice of the content of the relevant provisional order by posting a written public notice or any other sign at the place where the immovable property is located; the same applies below) stated in any of the following items, up until the purchaser pays the full price; provided, however, that this does not apply when the reduction in the price caused by the price reducing act or the extent of that likelihood is slight:

a provisional order prohibiting the person who commits the price reducing act from committing the price reducing act or ordering that person to conduct a certain act (including a provisional order to post a public notice, if the enforcement court finds it to be necessary);

a provisional order containing the following matters (including a provisional order to post a public notice, if the enforcement court finds it to be necessary):

ordering the person who commits the price reducing act to give up possession of the immovable property and deliver it to the court enforcement officer;

having the court enforcement officer retain the immovable property.

a provisional order containing the following matters, and a provisional order to post a public notice:

the matters stated in (a) and (b) of the preceding item;

prohibiting the person prescribed in (a) of the preceding item from transferring the possession of immovable property and permitting the person to use the immovable property.

The provisional order stated in item (ii) or item (iii) of the preceding paragraph may not be issued unless either of the following cases applies:

cases where the obligor referred to in the preceding paragraph possesses the immovable property; or

cases where the title to possession held by the possessor of the immovable property referred to in the preceding paragraph may not be duly asserted against the attaching obligee, the obligee effecting a provisional seizure or the person whose right is extinguished pursuant to the provisions of Article 59, paragraph (1).

In the case of issuing an order under paragraph (1) against a possessor other than the obligor, if it finds it to be necessary, the enforcement court must interrogate that person.

When an enforcement court issues an order under paragraph (1), it may have the petitioner provide security; provided, however, that the provisional order stated in item (ii) of that paragraph may not be issued under that paragraph without having the petitioner provide security.

When there has been a change in circumstances, an enforcement court may, upon petition, void or change an order under paragraph (1).

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

An order under paragraph (5) is not effective until it becomes final and binding.

A ruling establishing a provisional order stated in paragraph (1), item (ii) or (iii) or a provisional order to post a public notice stated in those items must not be carried out once two weeks have passed from the day on which the petitioner is notified of the ruling.

The ruling provided for in the preceding paragraph may be carried out even before it is served upon the opposite person.

The expenses required for the petition referred to in paragraph (1) or the enforcement of an order under that paragraph (excluding item (i)) (including the expenses required for retention of immovable property) are treated as administrative expenses in the proceedings for compulsory auction of that immovable property.

The enforcement court may issue an ruling establishing the provisional order stated in paragraph (1), item (ii) or (iii) of the preceding Article or the provisional order to post a public notice stated in those items without identifying the other person if there are special circumstances that make it difficult to identify the other person before the ruling being carried out.

A ruling under the preceding paragraph may not be carried out if it is not possible to identify the possessor of the immovable property at the time it is removed from their possession.

Once a ruling under paragraph (1) is carried out, the person who has had the immovable property removed from their possession through that the carrying out of the ruling becomes the other person to the ruling.

A ruling under paragraph (1) is not required to be served upon the other person if it is not enforced within the period referred to in paragraph (8) of the preceding Article. In this case, a ruling to void the security under Article 79, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 15, paragraph (2), which concerns the security that a person is made to provide pursuant to the provisions of paragraph (4) of the preceding Article, becomes effective through notification of the petitioner by a means that the enforcement court finds to be reasonable.

If an order commencing compulsory auction proceedings has been issued against a building, if the obligor fails to pay rent for the superficies or right of lease for owning that building, the enforcement court may, upon petition, permit the attaching obligee (excluding an attaching obligee who filed a petition for a compulsory auction or an auction after the deadline for a distribution demand) to perform that unpaid rent in place of the obligor.

The provisions of Article 55, paragraph (10) apply mutatis mutandis to the expenses required for the petition referred to in the preceding paragraph and the rent paid by obtaining the permission referred to in that paragraph.

An enforcement court must order a court enforcement officer to investigate the shape, possession status and any other current conditions of immovable property.

When carrying out the investigation referred to in the preceding paragraph, a court enforcement officer may enter immovable property, ask questions to the obligor or a third party possessing the immovable property or request that person to present documents.

In cases of entering immovable property pursuant to the provisions of the preceding paragraph, if it is necessary, a court enforcement officer may take the necessary disposition to open a closed door.

If it is necessary for the investigation referred to in paragraph (1), a court enforcement officer may request the municipality (or, for an area where there are special wards, the metropolitan government) to deliver copies of drawings or any other materials it possesses regarding the fixed property tax imposed on the immovable property (when the immovable property is land, it includes any building built on the land, and when the immovable property is a building, it includes the building site).

A court enforcement officer may, in the cases prescribed in the preceding paragraph, request corporations engaged in public welfare undertakings, which provide supply of electricity, gas or tap water or make any other continuous performance equivalent to that, to report necessary matters.

An enforcement court must appoint an appraiser and order the appraiser to appraise immovable property.

An appraiser must make an appraisal, without delay, appropriately taking into consideration the transaction prices of similar immovable property in the neighborhood, the income to be generated from the immovable property, the original cost of the immovable property and any other circumstances affecting the price formation of the immovable property. In this case, the appraiser must take into account the fact that it is an appraisal for implementing the sale of immovable property in proceedings for a compulsory auction.

In order for an appraiser to request assistance from a court enforcement officer pursuant to the provisions of Article 6, paragraph (2), the appraiser must obtain the permission of the enforcement court.

The provisions of Article 18, paragraph (2) and paragraphs (2), (4) and (5) of the preceding Article apply mutatis mutandis to cases where an appraiser makes an appraisal.

Any statutory lien, any pledge with provisions not to use or make profits from immovable property, and any mortgage existing on immovable property are extinguished when the property is sold.

Any acquisition of rights on immovable property that may not be duly asserted against a person whose right is extinguished pursuant to the provisions of the preceding paragraph, an attaching obligee or an obligee effecting a provisional seizure ceases to be effective when the property is sold.

The carrying out of a seizure or provisional seizure of immovable property; or the carrying out of a provisional disposition that may not be duly asserted against a person whose right is extinguished pursuant to the provisions of paragraph (1), an attaching obligee, or an obligee effecting a provisional seizure ceases to be effective when the property is sold.

Regarding any right of retention and any pledge without provisions not to use or make profits from immovable property existing on immovable property, to which the provisions of paragraph (2) do not apply, the purchaser is liable to perform claims secured by the right or pledge.

When a person having an interest has given notification that they have concluded an agreement that differs from the provisions of paragraph (1), paragraph (2) or the preceding paragraph by the time the standard sales price provided in paragraph (1) of the following Article is determined, the changes in rights on immovable property through the sale are in accordance with that agreement.

An enforcement court must determine the price that is to serve as the standard for the sales price of immovable property (referred to as the "standard sales price" below), based on an appraisal by an appraiser.

An enforcement court may, if it finds it to be necessary, change the standard sales price.

A purchase offer price must be not less than the price obtained by deducting from the standard sales price an amount equivalent to two-tenths of that price (referred to as the "minimum purchase price" below).

If the enforcement court finds it to be reasonable to have the same purchaser purchase a piece of immovable property and another piece of immovable property (including those related to a different attaching obligee or a different obligor) considering the relationship in the use of the respective pieces of property, it may determine to sell the pieces of property in a package; provided, however, that this is limited to cases where the consent of the obligor has been obtained, if it is expected to be possible to fully perform the claims and enforcement costs of the respective obligees with the minimum purchase price of part of the several pieces of property for which an order commencing compulsory-auction proceedings has been issued based on a single petition.

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

information identifying the immovable property;

any acquisition of rights to the immovable property or carrying out of provisional dispositions that does not cease to be effective upon sale; and

the outline of the superficies that is deemed to have been established upon sales.

A court clerk must keep a document prepared by outputting the matters recorded in the electronic description of property (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 the measure specified by the Rules of the Supreme Court for enabling many and unspecified persons to access the contents of the relevant electronic description of property.

A person may file an objection with the enforcement court to a court clerk's disposition under the preceding two paragraphs.

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.