Article 83-2Effects of a Provisional Order Prohibiting Transfer of Possession
第八十三条の二（占有移転禁止の保全処分等の効力）
In proceedings for a compulsory auction, if a ruling establishing a provisional order stated in Article 55, paragraph (1), item (iii) or Article 77, paragraph (1), item (iii) and a provisional order to post a public notice stated in those items has been carried out and a delivery order has been issued against the respondent associated with that ruling upon petition by the purchaser, the purchaser may enforce the delivery of the immovable property against either of the following persons based on the delivery order:
強制競売の手続において、第五十五条第一項第三号又は第七十七条第一項第三号に掲げる保全処分及び公示保全処分を命ずる決定の執行がされ、かつ、買受人の申立てにより当該決定の被申立人に対して引渡命令が発せられたときは、買受人は、当該引渡命令に基づき、次に掲げる者に対し、不動産の引渡しの強制執行をすることができる。
a person who possessed the immovable property, knowing that the ruling has been carried out; or
当該決定の執行がされたことを知つて当該不動産を占有した者
a person who succeeded to the possession of that immovable property by the respondent associated with the ruling after the ruling has been carried out, without knowing that the ruling had been carried out.
当該決定の執行後に当該執行がされたことを知らないで当該決定の被申立人の占有を承継した者
A person taking possession of the immovable property referred to in the preceding paragraph after the enforcement of the ruling referred to in that paragraph is presumed to take possession of the immovable property while knowing that the ruling has been carried out.
If an attestation of enforceability against a person other than the respondent of the order referred to in paragraph (1) has been provided regarding the delivery order referred to that paragraph, this person may file an objection to the granting of the attestation of enforceability on the basis that they possess the immovable property based on a title that may be duly asserted against the purchaser or that they do not fall under any of the items of that paragraph.
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