Civil Enforcement Act

Beyond what is provided for in other laws and regulations, judicial enforcement; the auctioning of property as a means of enforcing a security interest; the auctioning of property for a realization under the Civil Code (Act No. 89 of 1896), the Commercial Code (Act No. 48 of 1899), or any other Act; and the investigation of an obligor's financial status (collectively referred to as "civil enforcement" below) are governed by the provisions of this Act.

A court or court enforcement officer carries out civil enforcement upon petition.

For civil enforcement that is carried out by a court, an enforcement court is the court that the provisions of this Act requires to take enforcement measures, and for enforcement measures taken by a court enforcement officer, an enforcement court is the district court to which that officer belongs.

An enforcement court may render a judicial decision without holding oral arguments.

An enforcement court may interrogate an interested person or other person of reference if it finds this to be necessary when taking an enforcement measure.

①If a court enforcement officer faces resistance when performing their duties, then they may use force or request police assistance to eliminate the resistance; provided, however, that this does not apply to performance of duties based on the provisions of Article 64-2, paragraph (5) (including as applied mutatis mutandis pursuant to Article 188).

②A person other than a court enforcement officer who performs duties related to civil enforcement at the order of an enforcement court may request assistance from a court enforcement officer if they face resistance when performing their duties.

If, when entering a person's residence and performing their duties, a court enforcement officer or a person who performs duties related to civil enforcement at the order of an enforcement court (referred to as a "court enforcement officer or civil enforcement official" below) does not encounter the occupant or their agent, a cohabiting relative, or an employee or other worker or discerning person, then this person must have a municipal official, police officer, or other person deemed suitable as a witness. The same applies if a court enforcement officer uses force or receives police assistance pursuant to the provisions of paragraph (1) of the preceding Article.

①A court enforcement officer or civil enforcement official must obtain the permission of an enforcement court to enter a person's residence to perform their duties on a Sunday or general holiday or during the period from 7:00 PM to 7:00 AM the following morning.

②In performing their duties, a court enforcement officer or civil enforcement official must present a document proving that they have obtained permission pursuant to the provisions of the preceding paragraph.

When performing their duties, a court enforcement officer or civil enforcement official must carry a document proving their status or credentials and present it if requested by a person having an interest.

①A person may file an appeal against a judicial decision concerning a civil enforcement procedure only if there are special provisions allowing this.

②A person must file an appeal against an enforcement decision by submitting a petition for appeal to the court of prior instance within an inalterable period of one week from the day on which the notice of judicial decision is received.

③If the reason for an appeal against an enforcement decision is not stated in the petition for appeal, then the appellant must submit a statement of reason for the appeal to the court of prior instance within one week after the day on which the appellant has submitted the petition.

④The reason for an appeal against an enforcement decision must be stated pursuant to the provisions of the Rules of the Supreme Court.

⑤In circumstances falling under any of the following items, the court of prior instance must deny an appeal against an enforcement decision:

⑥During the period up until the judicial decision on an appeal against an enforcement decision becomes effective, the court in charge of appeal may order a stay of enforcement of the judicial decision of prior instance or a stay of all or part of a civil enforcement procedure while either requiring or not requiring security to be provided, or may issue an order for the enforcement of that decision or the enforcement procedure to continue while requiring security to be provided. The court of prior instance may also order these measures while the record of the case is still at the court of prior instance.

⑦The court in charge of appeal examines only the reason stated in the petition for appeal or in the statement of reason for the appeal against the enforcement measure; provided, however, that it may examine, by its own authority, whether there has or has not been any violation of laws and regulations or error of fact that would have affected the judicial decision of prior instance.

⑧An appeal may be filed against a decision under paragraph (5).

⑨An appeal may not be filed against a decision under paragraph (6).

⑩The provisions of Article 349 of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis when a judicial decision against which an appeal may be filed has become final and binding.

①A person may file an objection with the enforcement court to the measures of that court that may not be appealed. A person may also file an objection to a court enforcement officer's measures or to a court enforcement officer's delay or negligence.

②The provisions of the first sentence of paragraph (6) of the preceding Article and paragraph (9) of that Article apply mutatis mutandis when a person has made a filing provided in the preceding paragraph.

①An appeal may be filed against a ruling to void a civil enforcement procedure. This also applies to a judicial decision denying an objection to a court enforcement officer's measure voiding a civil enforcement procedure and to a ruling ordering a court enforcement officer to cancel a civil enforcement procedure.

②A judicial decision against which an appeal may be filed pursuant to the provisions of the preceding paragraph does not take effect until it becomes final and binding.

①Except in proceedings in an action or in an appeal against an enforcement decision, a person other than one who is permitted to serve as a litigation representative pursuant to the provisions of Article 54 of the Code of Civil Procedure may act as a person's representative in proceedings that take place in the enforcement court, with the court's permission.

②The enforcement court may revoke the permission referred to in the preceding paragraph at any time.

①When filing a petition for civil enforcement with the enforcement court, the petitioner must prepay the amount that the court clerk establishes as the expenses needed for civil enforcement proceedings. The same applies if the expenses that the person has prepaid will be insufficient and the court clerk specifies a reasonable period of time and orders the person to prepay the insufficient funds.

②The petitioner may file an objection with the enforcement court against the court clerk's disposition under the preceding paragraph within an inalterable period of one week from the day on which the petitioner is informed of those measures.

③A court clerk's disposition under paragraph (1) is not effective until it becomes final and binding.

④If a petitioner fails to prepay expenses, the enforcement court may deny the petition for civil enforcement or cancel the civil enforcement procedure.

⑤The petitioner may appeal a ruling denying a petition pursuant to the provisions of the preceding paragraph.

①To provide security pursuant to the provisions of this Act, a person must make a deposit of money or securities (including book-entry transfer company bonds prescribed in Article 278, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001)) that the court which has ordered the person to provide security (referred to as the "ordering court" in this paragraph) finds to be reasonable, with an official depository within the jurisdictional district of the district court that has jurisdiction in the locality of the ordering court, or by any other means specified by the Rules of the Supreme Court; provided, however, that if the party concerned has made a special agreement about this, then the agreement prevails.

②The provisions of Article 77, Article 79, and Article 80 of the Code of Civil Procedure apply mutatis mutandis to the security referred to in the preceding paragraph.

①A summons for the date in a civil enforcement procedure is to be made by serving a writ of summons, announcing the date to a person who has appeared in connection with the case in question, or any other method found to be appropriate.

②If a summons for the date is made by a method other than serving a writ of summons or announcing the date to a person who has appeared in connection with the case in question, no legal sanction or other disadvantage due to non-compliance with the date may be attributed to a person who does not appear on the date; however, this does not apply if that person has submitted a document stating that the person has received a summons for the date.

①A person who has filed a petition, made an offer, or filed a notification with an enforcement court in connection with a civil enforcement procedure, or been served with a document by an enforcement court in connection with a civil enforcement procedure must notify the enforcement court of the place (limited to within Japan) at which they are to be served. In this case, the person may also notify the enforcement court of the designated person to be served.

②The provisions of Article 104, paragraphs (2) and (3) and Article 107 of the Code of Civil Procedure apply mutatis mutandis to the cases referred to in the first sentence of the preceding paragraph.

③Service on a person who has not filed a notification under the first sentence of paragraph (1) (excluding the person prescribed in Article 104, paragraph (3) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph) is to be made at the person's domicile, residence, business office, or office that is indicated in the case record.

④If service under the preceding paragraph is to be effected but it is not possible to effect service pursuant to the provisions of Article 106 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20, the court clerk may send the document to the domicile, residence, business office, or office referred to in the preceding paragraph by registered mail or using services for delivering correspondence that are prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) that are provided by a general correspondence delivery provider prescribed in paragraph (6) of that Article or specified correspondence delivery provider prescribed in paragraph (9) of that Article and that are specified by the Rules of the Supreme Court as services equivalent to registered mail. In this case, the provisions of Article 107, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis.

⑤Service by publication in a civil enforcement procedure is to be made by the court clerk keeping the document to be served and posting, on the court's bulletin board, a notice to the effect that the document is to be delivered to the person to be served at any time.

An interested person, in connection with the civil enforcement that the enforcement court carries out, may file a request with the court clerk to inspect or copy the case record, to be issued an authenticated copy, transcript, or extract of the record, or to be issued a certificate of matters relating to the case.

①If necessary for civil enforcement purposes, the enforcement court or court enforcement officer may request a government agency or public office for assistance.

②In a case provided for in the preceding paragraph, the enforcement court or court enforcement officer may request the government agency or public office with jurisdiction a certificate it needs concerning taxes or other relevant public charges imposed on the property that is the subject matter of civil enforcement (this includes any building that stands on that property, if the property is land, and includes the site on which the property stands, if the property is a building).

③The provisions of the preceding paragraph apply mutatis mutandis if a person who seeks to file a petition for civil enforcement needs the certificate referred to in that paragraph for filing that petition.

A person that is required to submit or present a certificate of recorded information (meaning a document that states the matters recorded in a file stored on a computer used by the court (simply referred to as a "file" below) and certified by the court clerk to contain information identical to the matters recorded in the relevant file; the same applies below) related to the matters stated in the following items to a court, court clerk, or court enforcement officer in civil enforcement proceedings pursuant to the provisions of this Act, in lieu of that submission or presentation, may submit the information prescribed by the Rules of the Supreme Court as information necessary for identifying the matters stated in the relevant item below, pursuant to the provisions of the Rules of the Supreme Court. In this case, the person is deemed to have submitted or presented the relevant certificate of recorded information.

The court's jurisdiction provided for in this Act is exclusive.

①A petition or other statement in a civil enforcement procedure (referred to as a "motion or statement" in this Article) that, pursuant to the provisions of this Act or other laws and regulations concerning the motion or statement, is to be made through a document or other tangible medium (meaning a document, transcript, extract, authenticated copy, or duplicate of a document, duplicate of a bill or note, or any other paper or other tangible object into which information that can be perceived with the human senses, as characters and shapes, has been entered; the same applies in the following paragraph and paragraph (4)), and that is made to a court specified by the Supreme Court (including one made to that court's presiding judge, authorized judge, commissioned judge, or court clerk), may be made, notwithstanding the provisions of those laws and regulations, by using an electronic data processing system (meaning an electronic data processing system connecting a computer (including input and output devices; the same applies below) used by the court to a computer used by the person making the motion or statement via a telecommunications line) pursuant to the provisions of the Rules of the Supreme Court.

②With regard to a motion or statement made pursuant to the provisions of the preceding paragraph, the provisions of laws and regulations concerning the motion or statement are applied by deeming it to have been made through the document or other tangible medium prescribed in the provisions of the laws and regulations concerning the motion or statement that prescribe that the motion or statement is to be made through a document or other tangible medium.

③A motion or statement made pursuant to the provisions of paragraph (1) is deemed to have reached the court referred to in that paragraph at the time when it is recorded in a file stored on the computer used by that court.

④In the case referred to in paragraph (1), with regard to a motion or statement for which a signature, etc. (meaning signing, printing one's name, affixing one's seal, or otherwise stating one's name or trade name in a document or other tangible medium; the same applies below in this paragraph) is to be made pursuant to the provisions of other laws and regulations concerning the motion or statement, the person making the motion or statement must, notwithstanding the provisions of those laws and regulations, take measures to make clear the person's name or trade name in lieu of the signature, etc., pursuant to the provisions of the Rules of the Supreme Court.

⑤When a motion or statement made pursuant to the provisions of paragraph (1) has been recorded in the file prescribed in paragraph (3), the court referred to in paragraph (1) must output the details of the information recorded in the file in the form of a document.

⑥The inspection or copying of the case record, or the issuance of an authenticated copy, transcript, or extract of it, under the provisions of this Act or other laws and regulations in relation to a motion or statement made pursuant to the provisions of paragraph (1), is to be made by means of the document referred to in the preceding paragraph. The same applies to the service or sending of documents relating to the motion or statement.

①When preparing a written judgment for a judicial decision concerning a civil enforcement procedure, the written judgment must state the main text, the parties and statutory agents, and the court relating to the judicial decision.

②When the written judgment referred to in the preceding paragraph is served, the service is to be made by an authenticated copy of that written judgment.

Except where there are special provisions, the provisions of Part I through Part IV of the Code of Civil Procedure (excluding Article 71, paragraph (2), Article 91-2, Article 92, paragraphs (9) and (10), Article 92-2, paragraph (2), Article 94, Article 100, paragraph (2), Part I, Chapter V, Section 4, Subsection 3, Article 111, Part I, Chapter VII, Article 133-2, paragraphs (5) and (6), Article 133-3, paragraph (2), Article 151, paragraph (3), Article 160, paragraph (2), Article 185, paragraph (3), Article 205, paragraph (2), Article 215, paragraph (2), Article 227, paragraph (2), and Article 232-2 of that Code) apply mutatis mutandis to a civil enforcement procedure to the extent that they are not contrary to its nature. In this case, the words listed in the middle column of Appended Table 1 in the provisions of that Code listed in the upper column of that table are deemed to be replaced with the words listed in the lower column of that table, respectively.

Beyond what is provided for in this Act, the Rules of the Supreme Court provide the necessary matters concerning civil enforcement procedures.

①With regard to the procedure for a case relating to an action under Article 24 or Articles 33 through 35 that falls under the jurisdiction of a family court (referred to as "enforcement-related action procedure in a family court" in this Article), the provisions of Article 71, paragraph (2), Article 91-2, Article 92, paragraphs (9) and (10), Article 92-2, paragraph (2), Article 94, Article 100, paragraph (2), Part I, Chapter V, Section 4, Subsection 3, Article 111, Article 132-6, paragraph (3), Part I, Chapter VII, Article 133-2, paragraphs (5) and (6), Article 133-3, paragraph (2), Article 151, paragraph (3), Article 160, paragraph (2), Article 161, paragraph (3), item (iii), Article 185, paragraph (3), Article 205, paragraph (2), Article 215, paragraph (2), Article 227, paragraph (2), Article 232-2, Article 253, paragraph (2), and Article 267, paragraph (2) of the Code of Civil Procedure, and Part VII of that Code, do not apply.

②With regard to the application of the provisions of the Code of Civil Procedure to an enforcement-related action procedure in a family court, the words listed in the middle column of Appended Table 2 in the provisions of that Code listed in the upper column of that table are to be the words listed in the lower column of that table, respectively.

③The provisions of Article 15-2, Article 16, paragraph (5) and Article 19-2 apply mutatis mutandis to an enforcement-related action procedure in a family court.

Judicial enforcement is carried out based on any of the following (referred to as a "title of obligation" below):

①Judicial enforcement that is based on a title of obligation other than a notarial instrument authorizing enforcement may be carried out for or against any of the following persons:

②Judicial enforcement based on a notarial instrument authorizing enforcement may be carried out for or against a party indicated in the instrument or a person who became the successor of that person after the preparation of the instrument.

③Judicial enforcement based on a title of obligation provided for in paragraph (1) may also be carried out against a person possessing the subject matter of the claim on behalf of a person stated in one of the items of that paragraph.

①An action seeking an enforcement judgment for a foreign court judgment is subject to the jurisdiction of the district court (or the family court, for an action concerning a judicial decision in a domestic relations case; the same applies in this paragraph) having jurisdiction in the locality constituting the general venue of the obligor, and if there is no general venue, it is subject to the jurisdiction of the district court having jurisdiction in the place where the subject matter of the claim or the seizable property of the obligor is located.

②Notwithstanding the provisions of the preceding paragraph, even if all or part of an action as referred to in that paragraph is subject to the jurisdiction of the family court, the district court provided for in the preceding paragraph, upon petition or by its own authority, may conduct the trial and reach a judicial decision itself for all or part of the litigation in the action, if it finds this to be appropriate.

③Notwithstanding the provisions of paragraph (1), even if all or part of an action as referred to in that paragraph is subject to the jurisdiction of the district court, the family court provided for in that paragraph, upon petition or by its own authority, may conduct the trial and reach a judicial decision itself for all or part of the litigation in the action, if it finds this to be appropriate.

④The court must make an enforcement judgment without investigating the correctness or incorrectness of the judicial decision.

⑤The action referred to in paragraph (1) must be denied if it is not proved that the judgment of a foreign court has become final and binding or when the judgment fails to satisfy the requirements stated in the items of Article 118 of the Code of Civil Procedure (including as applied mutatis mutandis pursuant to Article 79-2 of the Domestic Relations Case Procedure Act (Act No. 52 of 2011)).

⑥In an enforcement judgment, a declaration must be made permitting judicial enforcement based on the foreign court judgment.

Judicial enforcement is implemented on the basis of an authenticated copy of the title of obligation bearing an attestation of enforceability (if the electronic or magnetic record related to a title of obligation is recorded in a file, then a certificate of recorded information, and if a title of obligation is a notarial instrument authorizing enforcement prepared as an electronic or magnetic record, then a document prescribed in Article 44, paragraph (1), item (ii) of the Notary Act (Act No. 53 of 1908) or electronic or magnetic record prescribed in item (iii) of that paragraph; the same applies below); provided, however, that judicial enforcement for or against an indicated party based on a final and binding judgment in a small claims action or based on a judgment in a small claims action or demand for payment bearing a declaration of provisional enforcement is implemented on the basis of an authenticated copy of that title of obligation.

①Upon petition, a clerk of the court in which the record of the case exists grants an attestation of enforceability for a title of obligation other than a notarial instrument authorizing enforcement, and the notary preserving the original of a notarial instrument authorizing enforcement (if the attestation of enforceability is prepared as an electronic or magnetic record, that electronic or magnetic record) grants an attestation of enforceability for that instrument.

②If the obligee is entitled to judicial enforcement against the obligor based on the title of obligation, the court clerk or notary grants an attestation of enforceability by the method prescribed in each of the following items in accordance with the category stated in the respective items:

①If a claim involves the occurrence of a fact that an obligee is required to prove, the court clerk or notary may grant an attestation of enforceability only once the obligee has produced a document or electronic or magnetic record proving that the fact has occurred.

②The court clerk or notary may grant an attestation of enforceability naming a person other than the party indicated in the title of obligation as the obligee or obligor, but only if it is apparent to the court clerk or notary that judicial enforcement may be carried out for or against that person, or if the obligee has produced a document or electronic or magnetic record proving this.

③If any of the following grounds are present in connection with the title of obligation and there are special circumstances that make it difficult to identify the person in possession of the immovable property before its delivery or eviction is enforced based on that title of obligation, the court clerk or notary may grant an attestation of enforceability without specifying the obligor, but only if the obligee has produced a document or electronic or magnetic record proving this:

④Judicial enforcement based on an authenticated copy of a title of obligation bearing an attestation of enforceability as referred to in the preceding paragraph may only be carried out before the expiration of four weeks from the day on which the attestation of enforceability is granted, and only if the person in possession can be identified at the time the immovable property is removed from their possession through judicial enforcement.

⑤When judicial enforcement that is based on an authenticated copy of a title of obligation bearing an attestation of enforceability granted pursuant to the provisions of paragraph (3) is carried out pursuant to the provisions of the preceding paragraph, the person that has had the immovable property removed from their possession as a result of enforcement becomes the obligor.

①An additional attestation of enforceability may be granted, but only if multiple authenticated copies of a title of obligation bearing an attestation of enforceability are required to receive full performance of a claim or if the authenticated copy bearing the attestation has been lost.

②The provisions of the preceding paragraph apply mutatis mutandis if an additional authenticated copy or certificate of recorded information is issued of a final and binding judgment in a small claims action, or of a judgment in a small claims action or demand for payment bearing a declaration of provisional enforcement.

Judicial enforcement may begin only if an authenticated copy or transcript of a title of obligation or of a judicial decision that becomes a title of obligation once it is final and binding or an electronic or magnetic record related to that title of obligation or judicial decision has been served upon the obligor in advance or at the same time. If an attestation of enforceability has been granted pursuant to the provisions of Article 27, transcripts of the attestation of enforceability or electronic or magnetic records related to the attestation of enforceability and transcript of the document produced by the obligee pursuant to the provisions of that Article or an electronic or magnetic record by recording all matters recorded in the electronic or magnetic record produced by the obligee pursuant to the provisions of that Article must also have been served in advance or at the same time.

①If a claim involves the arrival of a fixed due date, judicial enforcement may begin only after the arrival of that due date.

②Judicial enforcement based on a title of obligation that establishes provision of security as a condition for implementing judicial enforcement may begin only once the obligee produces a document proving that the obligee has provided security.

①If an obligor's performance is due in exchange for counter-performance, judicial enforcement may begin only once the obligee proves that counter-performance has been made or tendered.

②If an obligor's performance is due in lieu of some other performance in a case in which the purpose of judicial enforcement cannot be achieved for that other performance, judicial enforcement may begin only once the obligee proves that the purpose of judicial enforcement could not be achieved for that other performance.

①An opposition may be filed to a measure connected with a petition to grant an attestation of enforceability; for measures by a court clerk, a person may file an opposition with the court to which the court clerk belongs, and for measures by a notary, a person may file an opposition with the district court having jurisdiction in the locality of the notary's office.

②If an opposition has been filed to the granting of an attestation of enforceability, the court may order a stay of enforcement until a judicial decision on the opposition is made, while either requiring or not requiring security to be provided, or may issue an order for enforcement to continue until a judicial decision on the opposition is made, with requiring security to be provided. If there are pressing circumstances, the presiding judge may also order these measures.

③The court may render a judicial decision on a petition under paragraph (1) or a judicial decision under the preceding paragraph without hearing oral arguments.

④A judicial decision as provided in the preceding paragraph may not be appealed.

⑤The provisions of the preceding paragraphs apply mutatis mutandis to the issuance of an authenticated copy or certificate of recorded information of a final and binding judgment in a small claims action or of a judgment in a small claims action or demand for payment bearing a declaration of provisional enforcement under Article 28, paragraph (2).

①If an obligee is unable to produce the document or electronic or magnetic record prescribed in Article 27, paragraph (1) or (2), the obligee may file an action seeking an attestation of enforceability to ask for an attestation of enforceability to be granted (excluding one that is granted pursuant to the provisions of paragraph (3) of that Article).

②The court provided in the following relevant items has jurisdiction over an action as stated in the preceding paragraph for the category of title of obligation stated in that item:

①When an attestation of enforceability has been granted pursuant to the provisions of Article 27, an obligor who disputes that a fact to be proved by the obligee has occurred or objects to it being permissible to carry out judicial enforcement for or against a person other than the party indicated in the title of obligation may file an action opposing the granting of an attestation of enforceability to call for the court to disallow judicial enforcement based on the authenticated copy of the title of obligation bearing that attestation of enforceability.

②If there are several grounds for opposition, an obligor must allege those grounds at the same time.

③The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the action stated in paragraph (1).

①An obligor who disputes the existence or content of the claim under a title of obligation (excluding a title of obligation stated in Article 22, item (ii), or items (iii)-2 through (iv) which has yet to become final and binding; the same applies in this paragraph) may file an action to dispute the claim to call for the court to disallow judicial enforcement based on that title of obligation. The same applies for an obligor who disputes the establishment of a title of obligation not constituting a judicial decision.

②Grounds to dispute a final and binding judgment are limited to those that arise after the conclusion of oral arguments.

③The provisions of Article 33, paragraph (2) and paragraph (2) of the preceding Article apply mutatis mutandis to the action stated in paragraph (1).

①If an action opposing the granting of an attestation of enforceability or an action to dispute a claim has been filed, and if the circumstances that the person alleges for raising the opposition or dispute appear to be legally well-grounded and a prima facie showing is made on factual matters, the court in charge of the case, upon petition, may order a stay of enforcement until a judicial decision as referred to in paragraph (1) of the following Article is made in the final judgment, while either requiring or not requiring security to be provided, or, in addition to the order, may issue an order for judicial enforcement to continue while requiring security to be provided, or may issue an order voiding an enforcement measure that has already been taken while requiring security to be provided. If there are pressing circumstances, the presiding judge may also order these measures.

②The court may render a judicial decision on the petition referred to in the preceding paragraph without hearing oral arguments.

③If the grounds prescribed in paragraph (1) exist, if there are pressing circumstances, the enforcement court, upon petition, may order the measures prescribed in that paragraph, while specifying a period for submitting an authenticated copy or certificate of recorded information of a judicial decision under that paragraph. This judicial decision may also be made before the filing of an action opposing the granting of an attestation of enforceability or an action to dispute a claim.

④When the period specified pursuant to the provisions of the preceding paragraph has expired or when a judicial decision under paragraph (1) has been submitted to the enforcement court or court enforcement officer within the period, the judicial decision stated in the preceding paragraph ceases to be effective.

⑤No appeal may be entered against a judicial decision on the petition referred to in paragraph (1) or paragraph (3).

①In the final judgment on an action opposing the granting of an attestation of enforceability or an action to dispute a claim, the court in charge of the case may order the measures prescribed in paragraph (1) of the preceding Article or void, change, or approve a judicial decision under that paragraph that has already been made. The court must make a declaration of provisional enforcement for this judicial decision.

②No appeal may be entered against a judicial decision under the preceding paragraph.

①A third party who has ownership of the subject matter of judicial enforcement or any other right that obstructs assignment or delivery of the subject matter may file, against the obligee, a third-party action opposing enforcement to call for the court to disallow enforcement.

②The third party prescribed in the preceding paragraph may file an action against the obligor regarding the subject matter of judicial enforcement, in consolidation with the action referred to in that paragraph.

③The action referred to in paragraph (1) is under the jurisdiction of the enforcement court.

④The provisions of the preceding two Articles apply mutatis mutandis to a judicial decision to stay enforcement in connection with the action referred to in paragraph (1).

①Judicial enforcement must be stayed if any of the following documents has been submitted:

②A stay of judicial enforcement based on submission of a document stated in item (viii) of the preceding paragraph which contains a statement that an obligee received performance is limited to a period of four weeks.

③A stay of judicial enforcement based on submission of a document stated in paragraph (1), item (viii) which contains a statement that an obligee consented to granting a grace period for performance may be effected only twice, and the total period may not exceed six months.

①If a document stated in paragraph (1), items (i) through (vi) of the preceding Article has been submitted, the enforcement court or court enforcement officer must void even an enforcement measure that has already been taken.

②The provisions of Article 12 do not apply if the enforcement court or court enforcement officer voids an enforcement disposition pursuant to the provisions of the preceding paragraph.

①Judicial enforcement may be continued even if the obligor died after its commencement.

②In the cases of the preceding paragraph, if existence of an heir to the obligor or the whereabouts of this person is unknown, the enforcement court may, upon petition, appoint a special representative for the inherited property or heir.

③The provisions of Article 35, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to the special representative referred to in the preceding paragraph.

①The cost of judicial enforcement that is necessary (referred to as "enforcement cost" below) is borne by the obligor.

②In 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.

③When 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.

④The 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.

⑤A 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.

⑥If 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.

⑦An appeal against an enforcement decision may be filed against an order on the filing of an objection under the provisions of paragraph (5).

⑧A court clerk's disposition under paragraph (4) does not become effective until it becomes final and binding.

⑨The 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.

①Judicial enforcement against immovable property (excluding any fixtures on land that are not registrable; the same applies in this Section) (referred to as "enforcement against immovable property" below) is carried out by the method of a compulsory auction or forced administration. These methods may be used jointly.

②As it concerns judicial enforcement of claim for payment of money, co-ownership interests in immovable property, registered superficies and farming rights, and co-ownership interests in those rights are deemed to be immovable property.

①The district court having jurisdiction over the relevant location (or, for what is regarded to be immovable property pursuant to the provisions of paragraph (2) of the preceding Article, the place where it is to be registered) has jurisdiction over enforcement against immovable property as the enforcement court.

②If a building exists over multiple jurisdictional districts of district courts, any of the district courts having jurisdiction in the locality of the land on which that building exists have jurisdiction over judicial enforcement against that building as the enforcement court, and the district court having jurisdiction in the locality of the relevant land or the district court that has received a petition for judicial enforcement against the building has jurisdiction over judicial enforcement against the land on which that building exists as the enforcement court.

③In the cases of the preceding paragraph, the enforcement court may, when it finds it to be necessary, transfer the case to another court with jurisdiction.

④No appeal may be entered against an order under the preceding paragraph.

①to commence proceedings for a compulsory auction, the enforcement court must issue an order commencing compulsory-auction proceedings, and, in that order, it must declare that immovable property will be seized for the benefit of the obligee.

②The commencement order referred to in the preceding paragraph must be served upon the obligor.

③An appeal may be filed against a judicial decision to deny a petition for a compulsory auction.

①A seizure becomes effective when an order commencing compulsory-auction proceedings is served upon the obligor; provided, however, that if the seizure is registered before the service of the commencement order, the seizure becomes effective at the time of the registration.

②A seizure does not preclude the obligor from using or making profits from the immovable property in an ordinary way.

①If a person files a petition for a compulsory auction of immovable property for which an order commencing compulsory auction proceedings or the auctioning of property as a means of enforcing a security interest (referred to as an "auction" in this Section) has been issued, the enforcement court is to issue another order commencing compulsory auction proceedings.

②If a petition for a compulsory auction or auction connected with a previous commencement order is withdrawn or if the proceedings for the compulsory auction or auction connected with a previous commencement order are canceled, the enforcement court must continue the proceedings based on the subsequent commencing compulsory auction proceedings.

③In the cases of the preceding paragraph, if the subsequent commencing compulsory auction proceedings are connected with a petition that is filed after the deadline for a distribution demand, the court clerk must set a new deadline for a distribution demand. In this case, it is not required to demand a notification under Article 49, paragraph (2) from any person who has already filed a proof as referred to in Article 50, paragraph (1) (including as applied mutatis mutandis pursuant to Article 188).

④A person may file an objection with the enforcement court to a court clerk's disposition under the preceding paragraph.

⑤The provisions of the first sentence of Article 10, paragraph (6) and Article 10, paragraph (9) apply mutatis mutandis to cases where an objection under the preceding paragraph has been filed.

⑥If the proceedings for a compulsory auction or auction connected with a previous commencement order are stayed, the enforcement court, upon petition, may make a judicial decision to continue the proceedings based on subsequent commencing compulsory-auction proceedings (limited to one resulting from a petition filed no later than the deadline for a distribution demand); provided, however, that this does not apply if the cancellation of the proceedings connected with the previous order would change the matter stated in Article 62, paragraph (1), item (ii).

⑦An appeal may be filed against an order to deny the petition referred to in the preceding paragraph.

①When an order commencing compulsory auction proceedings has been issued, a court clerk must immediately commission the registration of the seizure connected with that commencement order.

②When a registrar has made registration of a seizure based on a commission under the preceding paragraph, the registrar must send a certificate of registered information of that registration to the enforcement court.

①When a seizure associated with an order commencing compulsory auction proceedings becomes effective (unless another order commencing compulsory auction or auction proceedings has been issued before the commencement order in question), the court clerk must set a deadline for any distribution demands by taking into consideration the period required for the procedure for preparation of the description of property.

②Once the court clerk sets the deadline for a distribution demand, they must give public notice of the fact that a commencement order has been issued and of the deadline for a distribution demand, and demand the following persons or entities to file notifications with the enforcement court of the existence or non-existence of claims (including interests and any other incidental claims) and the basis and amounts of those claims by the deadline for a distribution demand:

③If the court clerk finds it to be particularly necessary, they may extend the deadline for a distribution demand.

④If the court clerk has extended the deadline for a distribution demand pursuant to the provisions of the preceding paragraph, they must give public notice of the extended deadline.

⑤A person may file an objection with the enforcement court to a court clerk's disposition under paragraph (1) or paragraph (3).

⑥The provisions of the first sentence of Article 10, paragraph (6) and Article 10, paragraph (9) apply mutatis mutandis to cases where an objection under the preceding paragraph has been filed.

①A person stated in paragraph (2), item (i) or (ii) of the preceding Article who has demanded under that paragraph must make a filing concerning the demanded information by the deadline for a distribution demand.

②If there is a change in the amount of principal from a claim under a filing as referred to in the preceding paragraph, the person that made that filing must make a filing to that effect.

③If, intentionally or through negligence, a person that is required to make a filing pursuant to the provisions of the preceding two paragraphs fails to make that filing or makes a false filing, that person is liable to compensate for the damage that results.

①An obligee that has an authenticated copy of a title of obligation based on which judicial enforcement may be implemented pursuant to the provisions of Article 25 (referred to as an "authenticated copy of an enforceable title of obligation" below), an obligee effecting a provisional seizure that was registered after the registration of the seizure resulting from an order commencing compulsory auction proceedings, and an obligee who has proved that the obligee has a general statutory lien by any of the documents stated in the items of Article 181, paragraph (1) may demand distribution.

②An appeal may be filed against a judicial decision to deny a distribution demand.

If a ruling to permit a sale is not issued within three months from the deadline for a distribution demand or if a ruling to permit a sale that is issued within the three month period is revoked or ceases to be effective, the deadline for a distribution demand is deemed to have been changed to the day after the expiration of three months following the deadline; provided, however, that this does not apply if a ruling to permit a sale that is issued within three months from the deadline for when a distribution demand ceased to be effective and ruling to permit the sale has been issued for the next-highest offer under Article 67 (excluding cases where the order has been revoked or has ceased to be effective).

If it becomes clear that immovable property has been lost or that there are other circumstances hindering the transfer of immovable property, the enforcement court must cancel the proceedings for the compulsory auction.

①If a petition for a compulsory auction is withdrawn or if an order voiding the proceedings for a compulsory auction becomes effective, the court clerk must commission the deletion of the registration of a seizure subject to that commencement order.

②The registration and license tax and any other expenses required for a commission under the preceding paragraph are borne by the attaching obligee associated with that withdrawal or cancellation order.

①If an obligor or a possessor of immovable property engages in a price reducing act (meaning an act that reduces or is likely to reduce the price of immovable property; the same applies in this paragraph), the enforcement court, upon petition by an attaching obligee (excluding an attaching obligee who filed a petition for a compulsory auction or an auction after the deadline for a distribution demand), may issue the provisional order stated in any of the following items or the provisional order to post a public notice (meaning a provisional order directing a court enforcement officer to give public notice of the content of the relevant provisional order by posting a written public notice or any other sign at the place where the immovable property is located; the same applies below) stated in any of the following items, up until the purchaser pays the full price; provided, however, that this does not apply when the reduction in the price caused by the price reducing act or the extent of that likelihood is slight:

②The provisional order stated in item (ii) or item (iii) of the preceding paragraph may not be issued unless either of the following cases applies:

③In the case of issuing an order under paragraph (1) against a possessor other than the obligor, if it finds it to be necessary, the enforcement court must interrogate that person.

④When an enforcement court issues an order under paragraph (1), it may have the petitioner provide security; provided, however, that the provisional order stated in item (ii) of that paragraph may not be issued under that paragraph without having the petitioner provide security.

⑤When there has been a change in circumstances, an enforcement court may, upon petition, void or change an order under paragraph (1).

⑥An appeal may be filed against the judicial decision on the petition referred to in paragraph (1) or the preceding paragraph.

⑦An order under paragraph (5) is not effective until it becomes final and binding.

⑧A ruling establishing a provisional order stated in paragraph (1), item (ii) or (iii) or a provisional order to post a public notice stated in those items must not be carried out once two weeks have passed from the day on which the petitioner is notified of the ruling.

⑨The ruling provided for in the preceding paragraph may be carried out even before it is served upon the opposite person.

⑩The expenses required for the petition referred to in paragraph (1) or the enforcement of an order under that paragraph (excluding item (i)) (including the expenses required for retention of immovable property) are treated as administrative expenses in the proceedings for compulsory auction of that immovable property.

①The enforcement court may issue an ruling establishing the provisional order stated in paragraph (1), item (ii) or (iii) of the preceding Article or the provisional order to post a public notice stated in those items without identifying the other person if there are special circumstances that make it difficult to identify the other person before the ruling being carried out.

②A ruling under the preceding paragraph may not be carried out if it is not possible to identify the possessor of the immovable property at the time it is removed from their possession.

③Once a ruling under paragraph (1) is carried out, the person who has had the immovable property removed from their possession through that the carrying out of the ruling becomes the other person to the ruling.

④A ruling under paragraph (1) is not required to be served upon the other person if it is not enforced within the period referred to in paragraph (8) of the preceding Article. In this case, a ruling to void the security under Article 79, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 15, paragraph (2), which concerns the security that a person is made to provide pursuant to the provisions of paragraph (4) of the preceding Article, becomes effective through notification of the petitioner by a means that the enforcement court finds to be reasonable.

①If an order commencing compulsory auction proceedings has been issued against a building, if the obligor fails to pay rent for the superficies or right of lease for owning that building, the enforcement court may, upon petition, permit 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) to perform that unpaid rent in place of the obligor.

②The provisions of Article 55, paragraph (10) apply mutatis mutandis to the expenses required for the petition referred to in the preceding paragraph and the rent paid by obtaining the permission referred to in that paragraph.

①An enforcement court must order a court enforcement officer to investigate the shape, possession status and any other current conditions of immovable property.

②When carrying out the investigation referred to in the preceding paragraph, a court enforcement officer may enter immovable property, ask questions to the obligor or a third party possessing the immovable property or request that person to present documents.

③In cases of entering immovable property pursuant to the provisions of the preceding paragraph, if it is necessary, a court enforcement officer may take the necessary disposition to open a closed door.

④If it is necessary for the investigation referred to in paragraph (1), a court enforcement officer may request the municipality (or, for an area where there are special wards, the metropolitan government) to deliver copies of drawings or any other materials it possesses regarding the fixed property tax imposed on the immovable property (when the immovable property is land, it includes any building built on the land, and when the immovable property is a building, it includes the building site).

⑤A court enforcement officer may, in the cases prescribed in the preceding paragraph, request corporations engaged in public welfare undertakings, which provide supply of electricity, gas or tap water or make any other continuous performance equivalent to that, to report necessary matters.

①An enforcement court must appoint an appraiser and order the appraiser to appraise immovable property.

②An appraiser must make an appraisal, without delay, appropriately taking into consideration the transaction prices of similar immovable property in the neighborhood, the income to be generated from the immovable property, the original cost of the immovable property and any other circumstances affecting the price formation of the immovable property. In this case, the appraiser must take into account the fact that it is an appraisal for implementing the sale of immovable property in proceedings for a compulsory auction.

③In order for an appraiser to request assistance from a court enforcement officer pursuant to the provisions of Article 6, paragraph (2), the appraiser must obtain the permission of the enforcement court.

④The provisions of Article 18, paragraph (2) and paragraphs (2), (4) and (5) of the preceding Article apply mutatis mutandis to cases where an appraiser makes an appraisal.

①Any statutory lien, any pledge with provisions not to use or make profits from immovable property, and any mortgage existing on immovable property are extinguished when the property is sold.

②Any acquisition of rights on immovable property that may not be duly asserted against a person whose right is extinguished pursuant to the provisions of the preceding paragraph, an attaching obligee or an obligee effecting a provisional seizure ceases to be effective when the property is sold.

③The carrying out of a seizure or provisional seizure of immovable property; or the carrying out of a provisional disposition that may not be duly asserted against a person whose right is extinguished pursuant to the provisions of paragraph (1), an attaching obligee, or an obligee effecting a provisional seizure ceases to be effective when the property is sold.

④Regarding any right of retention and any pledge without provisions not to use or make profits from immovable property existing on immovable property, to which the provisions of paragraph (2) do not apply, the purchaser is liable to perform claims secured by the right or pledge.

⑤When a person having an interest has given notification that they have concluded an agreement that differs from the provisions of paragraph (1), paragraph (2) or the preceding paragraph by the time the standard sales price provided in paragraph (1) of the following Article is determined, the changes in rights on immovable property through the sale are in accordance with that agreement.

①An enforcement court must determine the price that is to serve as the standard for the sales price of immovable property (referred to as the "standard sales price" below), based on an appraisal by an appraiser.

②An enforcement court may, if it finds it to be necessary, change the standard sales price.

③A purchase offer price must be not less than the price obtained by deducting from the standard sales price an amount equivalent to two-tenths of that price (referred to as the "minimum purchase price" below).

If the enforcement court finds it to be reasonable to have the same purchaser purchase a piece of immovable property and another piece of immovable property (including those related to a different attaching obligee or a different obligor) considering the relationship in the use of the respective pieces of property, it may determine to sell the pieces of property in a package; provided, however, that this is limited to cases where the consent of the obligor has been obtained, if it is expected to be possible to fully perform the claims and enforcement costs of the respective obligees with the minimum purchase price of part of the several pieces of property for which an order commencing compulsory-auction proceedings has been issued based on a single petition.

①A court clerk must prepare a description of property stating the following matters.

②A court clerk must keep a copy of the description of property under the preceding paragraph at the enforcement court and make it available for public inspection, or take a measure specified by the Rules of the Supreme Court as one by which many and unspecified persons can be provided with the contents of that description of property.

③A person may file an objection with the enforcement court to a court clerk's disposition under the preceding two paragraphs.

④The provisions of the first sentence of Article 10, paragraph (6) and Article 10, paragraph (9) apply mutatis mutandis to cases where an objection under the preceding paragraph has been filed.

①An enforcement court must, if it finds that any of the following items apply, notify the attaching obligee (meaning the attaching obligee associated with the first order commencing compulsory-auction proceedings, or, if a judicial decision to continue the procedure provided in Article 47, paragraph (6) has been issued, the attaching obligee who received that judicial decision; the same applies in this Article) to that effect:

②When the attaching obligee fails to make an offer or to provide a guarantee, as provided in each of the following items for the cases stated respectively in those, within one week from the day of receipt of a notice under the preceding paragraph, by deciding, if there is no preferential claim, a price that exceeds the estimated amount of procedural expenses, or if there is a preferential claim, a price that is not less than the total of the estimated amount of procedural expenses and that of the preferential claim (this price is referred to as the "obligee's offered price" in this paragraph), the enforcement court must cancel the proceedings for a compulsory auction under the petition filed by the attaching obligee; provided, however, that this does not apply when the attaching obligee has proved, within that period, that none of the items of the preceding paragraph apply, or if, in a case that falls under item (ii) of that paragraph, the minimum purchase price of the immovable property exceeds the estimated amount of procedural expenses and consent has been obtained from the persons who have the preferential claim (excluding a person who is expected to be able to receive full performance of the person's preferential claim at the minimum purchase price) for the sale of the immovable property:

③If an offer has been made and a guarantee has been provided under item (ii) of the preceding paragraph, if there is no purchase offer at or beyond the minimum purchase price, the enforcement court must cancel the proceedings for a compulsory auction under the petition filed by the attaching obligee.

④The provision of a guarantee referred to in paragraph (2) must be made to the enforcement court by the method specified by the Rules of the Supreme Court.

①Immovable property is sold by the sales method specified by the court clerk.

②The sales method of immovable property is bidding, an auction or any other method specified by the Rules of the Supreme Court.

③The court clerk must, when carrying out a sale by bidding or an auction, decide on the date and place of the sale and have a court enforcement officer implement the sale.

④In the case referred to in the preceding paragraph, notwithstanding the provisions of Article 93, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20, the court clerk is to designate the date for the ruling on the sale at the same time as the disposition ordering the sale to be implemented.

⑤In the cases referred to in paragraph (3), a court clerk must give public notice of the indication of the immovable property to be sold, the standard sales price and the date and place of the sale.

⑥A person may file an objection with the enforcement court to a court clerk's disposition under paragraph (1), paragraph (3), or paragraph (4).

⑦The provisions of the first sentence of Article 10, paragraph (6) and Article 10, paragraph (9) apply mutatis mutandis to cases where an objection under the preceding paragraph has been filed.

①An 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.

②The 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.

③The 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)).

④An 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).

⑤A court enforcement officer may, when implementing a preliminary inspection, enter the immovable property themselves and have preliminary inspection participants enter the immovable property.

⑥When 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.

A court enforcement officer may restrict entry of any of the following into the place of sale, have them leave that place or disallow them to make a purchase offer:

A person seeking to submit an offer to purchase immovable property (or their legal representative, if they have one; or the representative, if the person is a corporation) may not submit that offer without giving a statement, pursuant to the provisions of the Rules of the Supreme Court, indicating that none of the following items applies:

A person seeking to submit an offer to purchase immovable property must provide a guarantee in the amount and by the method specified by the enforcement court pursuant to the provisions of the Rules of the Supreme Court.

A person who has made the next highest purchase offer to the highest bidder may, provided that that person's purchase offer price is not less than the minimum purchase price and not less than the price obtained by deducting the amount of the purchase offer guarantee from the price offered by the highest bidder, make an offer seeking permission of sale for the offeror's purchase offer if the order permitting the sale to the highest bidder ceases to be effective pursuant to the provisions of Article 80, paragraph (1) (the offer is referred to as the "next highest offer" below) to a court enforcement officer, by the time of the termination of implementation of the sale.

An obligor may not make a purchase offer.

①If no purchase offer is made when the court clerk had a sale implemented by the method of bidding or an auction, if the obligor or the possessor of the immovable property has committed or is likely to commit an act that makes the sale of the immovable property difficult, the enforcement court may, upon petition by an attaching obligee (excluding an attaching obligee who filed a petition for a compulsory auction or an auction after the deadline for a distribution demand; the same applies in the following paragraph), issue a provisional order containing the following matters (including a provisional order to post a public notice, if the enforcement court finds it to be necessary), while requiring provision of security, until a purchaser pays the price:

②An attaching obligee must, to file the petition referred to in the preceding paragraph, decide on a price not less than the minimum purchase price (referred to as the "obligee's offered price" in this paragraph), make an offer that the obligee must purchase the immovable property at the obligee's offered price if there is no purchase offer that reaches that price upon the next implementation of a sale by bidding or an auction, and provide a guarantee equivalent to the obligee's offered price.

③When there has been a change in circumstances, an enforcement court may, upon petition or by its own authority, void or change an order under paragraph (1).

④The provisions of Article 55, paragraph (2) apply mutatis mutandis to a provisional order under paragraph (1), the provisions of paragraph (3) of the Article apply mutatis mutandis to an order under paragraph (1), the provisions of paragraph (6) of the Article apply mutatis mutandis to a judicial decision on the petition referred to in paragraph (1), a judicial decision under the preceding paragraph or a judicial decision to deny the petition referred to in that paragraph, the provisions of paragraph (7) of that Article apply mutatis mutandis to an order under the preceding paragraph, the provisions of paragraph (8) and paragraph (9) of that Article and Article 55-2 apply mutatis mutandis to an order granting the provisional order prescribed in paragraph (1), the provisions of Article 55 , paragraph (10) apply mutatis mutandis to expenses required for the petition referred to in paragraph (1) or carrying out of an order under the paragraph, and the provisions of Article 63, paragraph (4) apply mutatis mutandis to the provisions of a guarantee referred to in paragraph (2).

①If no purchase offer has been made even though the court clerk has had a sale implemented three times through bidding or an auction, and if the enforcement court, taking into consideration the shape of the immovable property, its intended use, regulations on its use under laws and regulations, and any other circumstances, finds that the property is unlikely to be sold even if the court clerk has a sale implemented again, the enforcement court may stay the proceedings for the compulsory auction. In this case, the enforcement court must notify the attaching obligee to that effect.

②If, within three months from the day of receipt of notice under the preceding paragraph, an attaching obligee has made an offer to the enforcement court seeking to have a sale implemented on the basis that there is a person seeking to make a purchase offer, a court clerk must have a sale implemented pursuant to the provisions of Article 64.

③If an attaching obligee does not make an offer seeking to have a sale implemented under the preceding paragraph within the period referred to in that paragraph, the enforcement court may cancel the proceedings for the compulsory auction. The same applies if no purchase offer is made when a court clerk has a sale implemented pursuant to the provisions of that paragraph.

①An enforcement court must commission the prefectural police having jurisdiction of the location of the enforcement court to conduct necessary investigation concerning whether or not the highest bidder (or officers if the person is a corporation; the same applies in this paragraph) falls under a current or former member of an organized crime group; provided, however, that this does not apply to cases, which the Rules of the Supreme Court provide, that there are circumstances which cause the enforcement court to find that the highest bidder does not fall under a current or former member of an organized crime group

②If an enforcement court finds that there is a person who makes the highest bidder make the purchase offer on the person's account, the enforcement court must commission the prefectural police having jurisdiction of the location of the enforcement court to conduct necessary investigation concerning whether or not the person who makes the offeror make the purchase offer (or officers if the person is a corporation; the same applies in this paragraph) falls under a current or former member of an organized crime group;.provided, however, that this does not apply to cases, which the Rules of the Supreme Court provide, that there are circumstances which cause the enforcement court to find that the person who makes the offeror make the purchase offer does not fall under a current or former member of an organized crime group