Civil Enforcement Act

An enforcement court must, to commence a forced administration procedure, issue a commencement order for forced administration and in it, declare that immovable property be seized for the obligee and prohibit the obligor from disposing earnings and, if the obligor has a claim for a rent or any other right to seek delivery related to earnings from the immovable property (referred to as a "delivery claim" below), order the person who has the obligation to make that delivery to the obligor (referred to as the "person obligated to deliver" below) to deliver the subject matter of the delivery to the administrator.

The earnings referred to in the preceding paragraph are natural fruits to be harvested on a later date and civil fruits that are already due and will be due on a later date.

The commencement order referred to in paragraph (1) must be served upon the obligor and any person obligated to deliver.

The commencement order referred to in paragraph (1) becomes effective against a person obligated to deliver when the commencement order is served upon that person obligated to deliver.

An appeal may be filed against a judicial decision on a petition for forced administration.

If a commencement order for a forced administration has already been issued, or if a petition for a forced administration is filed for immovable property for which a commencement order for enforcement against earnings from secured immovable property has been issued provided in Article 180, item (ii), the enforcement court is to issue another commencement order for forced administration.

A court clerk must, upon servicing a commencement order for forced administration upon a person obligated to deliver, make a demand to the person obligated to deliver to state the presence or absence of any order of seizure or disposition of seizure against the delivery claim and any other matters specified by the Rules of the Supreme Court within two weeks from the day of service of the commencement order. In this case, the provisions of Article 147, paragraph (2) apply mutatis mutandis.

When a commencement order for forced administration has become effective against a person obligated to deliver pursuant to the provisions of Article 93, paragraph (4), the effects of any order of seizure or disposition of seizure against the delivery claim, which is already effective, are suspended; provided, however, that this not applies to cases where the commencement order for forced administration becomes effective against the person obligated to deliver after the times stated in the items of Article 165 (including the cases where the provisions of the items of Article 165 (excluding item (iii) and item (iv)) are applied mutatis mutandis pursuant to Article 167-14, paragraph (1) and the cases where they are applied mutatis mutandis pursuant to Article 193, paragraph (2)).

When a commencement order for forced administration has become effective against a person obligated to deliver pursuant to the provisions of Article 93, paragraph (4), the effects of any order of provisional seizure against the delivery claim, which is already effective, are suspended.

The obligee in the order of seizure or disposition of seizure referred to in paragraph (1), an obligee who made a distribution demand in the procedure of enforcement against a claim (meaning the enforcement against a claim prescribed in Article 143) or enforcement against a claim arising from a small claims action (meaning enforcement against a claim arising from a small claims action as prescribed in Article 167-2, paragraph (2)) by the time of suspension of the effects of the order of seizure or disposition of seizure referred to in paragraph (1), and the obligee in the order of provisional seizure referred to in the preceding paragraph may receive distribution or payment in the forced administration procedure referred to in the preceding two paragraphs, notwithstanding the provisions of Article 107, paragraph (4).

An enforcement court must appoint an administrator simultaneously with the issuance of a commencement order for forced administration.

A trust company (meaning a person who obtained the license referred to in Article 3 or Article 53, paragraph (1) of the Trust Business Act (Act No. 154 of 2004)), a bank, or any other corporation may become an administrator.

An administrator may conduct administration, collect earnings and conduct a realization regarding the immovable property for which a commencement order for forced administration has been issued.

An administrator must, to lease immovable property beyond the period specified in Article 602 of the Civil Code, obtain the consent of the obligor.

When there are several administrators, they perform their duties jointly; provided, however, that they may divide the duties among them by obtaining the permission of the enforcement court.

When there are several administrators, it is sufficient for a third party to manifest their intention to any one of them.

An administrator may remove immovable property from the obligor's possession and take possession of it.

In the cases of the preceding paragraph, if an administrator finds it to be necessary to open a closed door, the administrator may request assistance from a court enforcement officer.

The provisions of Article 57, paragraph (3) apply mutatis mutandis to a court enforcement officer who has been requested to provide assistance pursuant to the provisions of the preceding paragraph.

If a commencement order for forced administration has been issued for a building in which the obligor resides and the obligor is unable to find another place to reside, the enforcement court, upon petition, may permit use of the building to the extent necessary for the obligor and any cohabiting relatives whose living expenses are paid from the same resources as the obligor (including a person whose relationship with the obligor is, de facto, that of husband and wife or adoptive parent and adopted child, even though they have not registered a marriage or adoption; referred to as the "obligor's household" below) to reside in it for a period it has specified.

When the obligor has obstructed the administration by the administrator or when there is any change in circumstances, the enforcement court may, upon petition, void or change an order under the preceding paragraph.

An appeal may be filed against an order on the petition referred to in the preceding two paragraphs.

If the obligor would fall into extreme poverty through forced administration, the enforcement court may, upon petition, order the administrator to give the obligor the necessary money or earnings, depending on the extent of their poverty, from the earnings or the realization price.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to an order under the preceding paragraph, and the provisions of paragraph (3) of that Article apply mutatis mutandis to an order based on the petition referred to in the preceding paragraph or the petition referred to in paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to this paragraph.

An administrator is supervised by the enforcement court.

An administrator must perform their duties with due care of a prudent manager.

If an administrator fails to have the due care referred to in the preceding paragraph, the administrator is jointly and severally liable to compensate for damage to any person having an interest.

An administrator may receive advance payments of expenses necessary for forced administration as well as a remuneration determined by the enforcement court.

An appeal may be filed against an order under the preceding paragraph.

The enforcement court may, upon petition by a person having an interest or by its own authority, dismiss an administrator if there are material grounds to do so. In this case, the enforcement court must interrogate the administrator.

An administrator must, upon the termination of the administrator's office, make a report of account to the enforcement court without delay.

If the document or electronic or magnetic record stated in Article 39, paragraph (1), item(vii) or (viii) has been submitted, forced administration may be continued with the same conditions 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.

When it is possible to fully perform the claims and enforcement costs of the respective obligees with the amount of money deposited pursuant to the provisions of the preceding paragraph, the enforcement court must cancel the forced administration procedure, except for the procedure of distribution or payment

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 or electronic or magnetic records stated in Article 181, paragraph (1), item (ii) may make a distribution demand to the enforcement court.

An appeal may be filed against a judicial decision to deny a distribution demand.

The amount of money to be allocated to distribution or payment is that obtained by deducting the tax or public charges imposed on the immovable property, the remuneration for the administrator and any other necessary expenses from the earnings or the realization price remaining after giving any portion of this under Article 98, paragraph (1).

If it is unlikely that any money to be allotted to distribution or payment will arise, the enforcement court must cancel the forced administration procedure.

An administrator must pay expenses provided in paragraph (1) of the preceding Article, calculate the amount of money to be allotted to distribution or payment for each period specified by the enforcement court, and implement of distribution or payment.

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 money to be allotted to distribution or payment, the administrator delivers payment money to the obligee and delivers any surplus to the obligor.

Except in the cases prescribed in the preceding paragraph, if an agreement is reached among the obligees regarding distribution of the money to be allocated to distribution or payment, the administrator implements distribution in accordance with the agreement.

The obligees who are to receive distribution are the following:

the attaching obligee who falls under any of (a) through (c) below:

an obligee who has filed a petition for forced administration by the time of expiration of the period referred to in paragraph (1);

an obligee who has filed a petition for the enforcement against earnings from secured immovable property prescribed in Article 180, item (ii) for exercise of a general statutory lien by the time of expiration of the period referred to in paragraph (1);

an obligee who has filed a petition for the enforcement against earnings from secured immovable property prescribed in Article 180, item (ii) by the time of expiration of the period referred to in paragraph (1) (excluding the obligee stated in (b) above) if that petition is based on a security interest that has been registered (including provisional registration for preservation prescribed in Article 53, paragraph (2) of the Civil Preservation Act) before registration of the seizure involving in the first commencement order for forced administration;

the obligee effecting a provisional seizure (limited to an obligee who has filed a petition to effect a provisional seizure through forced administration by the time of expiration of the period referred to in paragraph (1)); and

obligees who made a distribution demand by the time of expiration of the period referred to in paragraph (1).

If the agreement referred to in paragraph (3) is not reached, the administrator must notify the enforcement court of the circumstances.

If any of the grounds stated in the items of Article 91, paragraph (1) (excluding item (vii)) exist for the claim of an obligee who is to receive distribution or payment, the administrator must make a statutory deposit of the money equivalent to the amount of the distribution or payment and notify the enforcement court of the circumstances. The same applies when an obligee has failed to appear to the enforcement court to receive distribution

An enforcement court must implement the procedure of distribution or payment, immediately if notification has been given under Article 107, paragraph (5) and at the time when the grounds for statutory deposit were extinguished if notification has been given under Article 104, paragraph (1) or the preceding Article.