An enforcement court must, upon petition by 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), order a court enforcement officer to implement a preliminary inspection (meaning an occasion of having persons wishing to purchase the immovable property enter and inspect the immovable property; the same applies in this Article); provided, however, that this does not apply when the title to possession held by the possessor of that immovable property may be duly asserted against the attaching obligee, the obligee effecting a provisional seizure or the person whose right will be extinguished pursuant to the provisions of Article 59, paragraph (1), and the possessor does not give their consent.
The petition referred to in the preceding paragraph must be filed, pursuant to the provisions of the Rules of the Supreme Court, by the time the court clerk makes a disposition to have a sale implemented.
前項の申立ては、最高裁判所規則で定めるところにより、売却を実施させる旨の裁判所書記官の処分の時までにしなければならない。
The court enforcement officer who has received the order referred to in paragraph (1) must, by the time of implementation of the sale, implement a preliminary inspection for persons who have requested to participate in the preliminary inspection pursuant to the provisions of the Rules of the Supreme Court (excluding those who lack the qualification or capacity to purchase the immovable property or those for whom any of the grounds specified by the Rules of the Supreme Court exist; referred to as "preliminary inspection participants" in paragraph (5) and paragraph (6)).
An enforcement court may, when it is clear that smooth implementation of a preliminary inspection is difficult, set aside the order referred to in paragraph (1).
A court enforcement officer may, when implementing a preliminary inspection, enter the immovable property themselves and have preliminary inspection participants enter the immovable property.
When any preliminary inspection participant commits an act that obstructs smooth implementation of the preliminary inspection, a court enforcement officer may restrict their entry into the immovable property or have them leave the immovable property.
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