Article 68-2Provisional Order for an Attaching Obligee Who Has Made a Purchase Offer
第六十八条の二（買受けの申出をした差押債権者のための保全処分等）
If 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:
ordering the obligor or the possessor of the immovable property to give up possession of the immovable property and deliver it to the court enforcement officer or the petitioner; and
債務者又は不動産の占有者に対し、不動産に対する占有を解いて執行官又は申立人に引き渡すことを命ずること。
having the court enforcement officer or the petitioner retain the immovable property.
執行官又は申立人に不動産の保管をさせること。
An 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.
When 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).
事情の変更があつたときは、執行裁判所は、申立てにより又は職権で、第一項の規定による決定を取り消し、又は変更することができる。
The 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).
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