Code of Civil Procedure

In the following cases, the court, upon petition, may issue a ruling ordering a temporary stay of judicial enforcement, with or without requiring a person to provide security, and simultaneously ordering the provisions of security and the commencement or continuance of judicial enforcement, or simultaneously ordering a revocation of executive measures already taken while requiring a person to provide security; provided, however, that the court may only issue an order to commence or continue judicial enforcement in the cases stated in items (iii) through (vi):

an appeal as referred to in Article 327, paragraph (1) (including as applied mutatis mutandis pursuant to Article 380, paragraph (2); the same applies in the following Article) or a demand for a retrial is filed, there appear to be legal grounds for the circumstances being alleged to be used as grounds for protest and the party makes a prima facie showing in respect of a point of fact involving those circumstances, and the party makes a prima facie showing that enforcement risks causing damage that it would not be possible to compensate;

a final appeal or a petition to accept a final appeal is filed against a judgment bearing a declaration of provisional enforceability, and the party makes a prima facie showing in respect of circumstances under which the judgment in prior instance would be reversed and a prima facie showing that enforcement risks causing damage that it would not be possible to compensate;

an appeal to the court of second instance is filed against a judgment bearing a declaration of provisional enforceability, or an objection is filed to a demand for payment bearing a declaration of provisional enforceability (other than an appeal to the court of second instance and an objection to a demand as referred to in the following item), and the party makes a prima facie showing that it is impossible to assert that no circumstances exist that would constitute cause to reverse or change the judgment in the prior instance or the demand for payment, or makes a prima facie showing that enforcement risks causing substantial damage;

an appeal to the court of second instance is filed against a judgment bearing a declaration of provisional enforceability, or an objection is filed to a demand for payment bearing a declaration of provisional enforceability, on a claim for the payment of money for a bill or note or for a check and any incidental claim for damages at the statutory interest rate, and the party makes a prima facie showing in respect of circumstances that would constitute cause to reverse or change the judgment in the prior instance or the demand for payment;

an objection is filed against a judgment in an action on a bill or note or action on a check bearing a declaration of provisional enforceability, or an objection is filed against a judgment in a small claims action bearing a declaration of provisional enforceability, and the party makes a prima facie showing in respect of circumstances that would constitute cause to reverse or change the judgment in the prior instance;

an action as referred to in Article 117, paragraph (1) is filed, there appear to be legal grounds for the circumstances being alleged to be used for a modification, and the party makes a prima facie showing in respect of a point of fact involving those circumstances.

No protest may be entered against a judicial decision on a petition prescribed in the preceding paragraph.

If an appeal as referred to in Article 327, paragraph (1) is filed, a final appeal or a Petition for the Acceptance of Final Appeal is filed against a judgment bearing a declaration of provisional enforceability, or an appeal to the court of second instance is filed against a judgment bearing a declaration of provisional enforceability, and the case record is stored at the court of prior instance, that court reaches a judicial decision on the petition prescribed in paragraph (1) of the preceding Article.

The provisions of the preceding paragraph apply mutatis mutandis if an objection is filed to a demand for payment bearing a declaration of provisional enforceability.

If a party provides security pursuant to the provisions of this Part, in depositing it, the party must use the official depository located in the territorial jurisdiction of the district court of jurisdiction in the locality of the court that has ordered the party to provide the security or of the enforcement court.

The provisions of Articles 76, 77, 79, and 80 apply mutatis mutandis to security as referred to in the preceding paragraph.