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.
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