If an attaching obligee seeks an assignment order, a transfer order, etc., or a statutory deposit order (referred to as an "order for realizing a claim" in this Article) in connection with the monetary claim subject to seizure, by clarifying which one of the order for realizing a claim the obligee seeks, the obligee must file a petition with the enforcement court seeking transfer of the case to the procedure of enforcement against a claim.
When the court has received a petition as referred to in the preceding paragraph in which the obligee has clarified the type of order prescribed in that paragraph, the enforcement court must move the case into the procedures for enforcing claims at the district court having jurisdiction in the locality of the enforcement court.
If, before the order under the preceding paragraph became effective, an objection is filed to an enforcement measure that had already been taken or an appeal is filed against an enforcement decision that had already been made, the order does not become effective until the judicial decision on the objection or appeal becomes final and binding.
前項の規定による決定が効力を生ずる前に、既にされた執行処分について執行異議の申立て又は執行抗告があつたときは、当該決定は、当該執行異議の申立て又は執行抗告についての裁判が確定するまでは、その効力を生じない。
No appeal may be entered against an order under paragraph (2).
第二項の規定による決定に対しては、不服を申し立てることができない。
An appeal may be filed against an order to deny the petition referred to in paragraph (1).
第一項の申立てを却下する決定に対しては、執行抗告をすることができる。
Once an order under paragraph (2) becomes effective, the petition for an order of seizure is deemed to have been filed with the district court prescribed in paragraph (2) at the time the petition for a disposition of seizure is filed or the petition for an order for realizing a claim is deemed to have been filed with that district court at the time the petition referred to in paragraph (1) is filed, and any enforcement measure or other relevant act already taken is deemed to have been taken in the procedures for enforcement against a claim.
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