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PART VII PROVISIONAL REMEDIES PROCEEDING
Article 293
A motion for provisional attachment may be initiated to secure the compulsory execution of monetary claims based on public law.
The motion provided in the preceding Paragraph may be made to claims that have not reached its due date.
Article 294
The application for provisional attachment shall be adjudicated by the administrative court having jurisdiction over the principal case, or the district administrative court at the place where the object of the provisional attachment is located.
The administrative court having jurisdiction over the principal case shall be the court of first instance in which the litigation is pending or to be pending.
Where the object of the provisional attachment is a creditor's right against a debtor, the place where the object of the provisional attachment is located shall be where the debtor domiciles or the object of security therefor is located.
Article 295
In cases where the provisional attachment ruling has been issued but the litigation demanding award has not been initiated, the litigation shall be initiated within ten days after the ruling is served; in the event that the litigation is not initiated within the period, the administrative court shall on motion, order to revoke the provisional attachment ruling.
Article 296
Where a provisional attachment ruling is revoked either by reason of being improper ab initio or by reason of the provisions of the preceding Article and Paragraph 3 of Article 530 of the Code of Civil Procedure, the creditor shall compensate the debtor for any losses incurred from the provisional attachment or the provision of a countersecurity.
Where a litigation has been initiated with regard to the claim of the principal case secured by the provisional attachment, the administrative court shall, before the conclusion of the oral argument session, order the creditor to make the compensation in the judgment of the principal case based on the debtor's statement; the court shall inform the debtor of the availability of such statement if the debtor has not done so.
Article 297
Article 523, Articles 525 to 528 inclusive and Article 530 of the Code of Civil Procedure shall apply mutatis mutandis to the provisional attachment proceeding as provided in this Part.
Article 298
A motion for provisional injunction may be initiated to secure compulsory execution, if there is a showing of impossibility or extreme difficulty to satisfy the claim based on public law due to change of status quo.
Where necessary for purposes of preventing material harm or imminent danger or other similar circumstances, a motion for an injunction may be initiated to maintain a temporary status quo with regard to the legal relation in dispute under public law.
The injunction provided in the preceding Paragraph may order certain prestation to be performed in advance.
The administrative court, prior to issuing a provisional injunction ruling, may examine the parties or the persons who have interests in the litigation or conduct other necessary investigation.
Article 299
Where a motion can be made to stay the execution of the original administrative disposition or decision in accordance with Article 116, no motion for provisional injunction may be initiated.
Article 300
The administrative court having jurisdiction over the principal case shall have jurisdiction over the motion for a provisional injunction. Nonetheless, the district administrative court at the place where the object concerning the provisional injunction is located, in urgent circumstances, shall have jurisdiction over the motion for the provisional injunction.
Article 301
The court shall not order the provision of security in lieu of a preliminary showing of the claim and the ground for the provisional attachment except for exceptional circumstances.
Article 302
Unless otherwise provided, the provisions pertaining to provisional attachment shall apply mutatis mutandis to provisional injunction.
Article 303
Articles 535 to 536 inclusive of the Code of Civil Procedure shall apply mutatis mutandis to the provisional injunction proceeding as provided in this Part.