The cost of judicial enforcement that is necessary (referred to as "enforcement cost" below) is borne by the obligor.
強制執行の費用で必要なもの(以下「執行費用」という。)は、債務者の負担とする。
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 enforcement cost to be borne by an obligor pursuant to the provisions of paragraph (1), other than that collected pursuant to the provisions of paragraph (2), and the amount of money to be returned by an obligee pursuant to the provisions of the preceding paragraph are established by a court clerk of the enforcement court, upon petition.
A person may file an objection with the enforcement court to the court clerk's disposition concerning a petition under the preceding paragraph, within an inalterable period of one week from the day on which the person is notified of it.
前項の申立てについての裁判所書記官の処分に対しては、その告知を受けた日から一週間の不変期間内に、執行裁判所に異議を申し立てることができる。
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 against an enforcement decision may be filed against an order on the filing of an objection under the provisions of paragraph (5).
第五項の規定による異議の申立てについての決定に対しては、執行抗告をすることができる。
A court clerk's disposition under paragraph (4) does not become effective until it becomes final and binding.
第四項の規定による裁判所書記官の処分は、確定しなければその効力を生じない。
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 paragraphs (5) and (7) and the preceding paragraph, and of Article 74, paragraph (3) of that Code, apply mutatis mutandis.
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