PART VII PROVISIONAL REMEDIES PROCEEDING
Article 522
A creditor may apply for provisional attachment with regard to monetary claims or claims exchangeable for monetary claims for purposes of securing the satisfaction of a compulsory execution.
The application provided in the preceding paragraph may be made with regard to claims subject to a condition or time.
Article 523
No provisional attachment is to be granted unless there is a showing of the impossibility or extreme difficulty to satisfy the claim by compulsory execution in the future.
In cases where the compulsory execution must be performed in a foreign country, extreme difficulty shall be deemed to be shown.
Article 524
The court having jurisdiction over the principal case, or the court at the place where the object of the provisional attachment is located, has jurisdiction over the application for provisional attachment.
The court having jurisdiction over the principal case shall be the court of first instance in which the action is pending or to be pending. Notwithstanding, where the action is pending in a court of second instance, that court of second instance is deemed to be the court having jurisdiction over the principal case.
Where the object of the provisional attachment is a creditor's right, or a proprietary right which must be registered, the place where the object of the provisional attachment is located shall be the place where the debtor domiciles or the object of security therefor is located or registered.
Article 525
An application for provisional attachment shall specify the following matters:
1. The parties and their statutory agents;
2. The claim and the transactions or occurrences giving rise to such claim;
3. The ground for the provisional attachment; and
4. The court.
In cases where the claim is not represented by a fixed dollar amount, the value thereof shall be indicated.
In cases where the court at the place where the object of the provisional attachment is located exercises jurisdiction over the application, that object of provisional attachment and the place where it is located must be indicated.
Article 526
A preliminary showing of the claim and the ground for the provisional attachment must be made.
In cases of insufficiency in the preliminary showing provided in the preceding paragraph, where the creditor has represented willingness to provide a security or where it is deemed appropriate by the court, the court may assess an amount for the security and issue a ruling for a provisional attachment upon the creditor's provision of such security.
The court may still order the creditor to provide a security for the provisional attachment sought despite the fact that the preliminary showing of the claim and the ground for the provisional attachment has been made by the creditor.
Where a husband or a wife petitions for a provisional attachment, based on the right to claim for distribution of the remainder of a husband and wife's property, the dollar amount ordered by the court for security, as described in the preceding paragraph, shall not be more than one tenth of the petitioned amount.
Article 527
A provisional attachment ruling shall provide that the debtor may be exempt from or move for revocation of the ruling by providing the court-assessed countersecurity or by lodging the amount claimed.
Article 528
An appeal may be taken from the ruling made with regard to the application for provisional attachment.
The superior court shall, before issuing the ruling, accord the creditor and the debtor an opportunity to be heard.
Where the appeal is considered meritorious, the superior court shall promptly rule on the claim asserted in that appeal.
No appeal taken from a ruling granting provisional attachment operates to affect the performed execution of the provisional attachment until a ruling denying the application for such provisional attachment is issued and becomes final and binding.
Article 529
In cases where the principal action is yet to be initiated, the court issuing the provisional attachment ruling shall, on the debtor's motion, order the creditor to initiate the action within a designated period of time.
Each of the following acts shall operate as the initiation of the action provided in the preceding paragraph:
1. Applying for issuance of a payment order in accordance with the demand proceeding;
2. Applying for mediation in accordance with the provisions of this Code;
3. Making the demand provided in the second paragraph of Article 395;
4. Instituting an arbitration proceeding in accordance with the applicable laws;
5. Performing other preliminary proceeding which is required by the applicable laws to be performed prior to the initiation of an action;
6. Where an application for provisional attachment is based on the right to claim for distribution of the remainder of a husband and wife's property and having applied for declaration of the separation of property regime in accordance with the provision of Article 1010 of the Civil Code.
In cases provided in the sixth subparagraph of the preceding paragraph, the creditor shall, within ten days from the day when the ruling declaring the separation of property regime becomes final and binding, initiate an action to claim for distribution of the remainder of husband and wife's property.
Where the creditor has failed either to initiate the action within the designated period of time provided in the first paragraph or to comply with the provision of the preceding paragraph, the debtor may move for revocation of the provisional attachment ruling to the court issuing such ruling.
Article 530
The debtor may move for revocation of the provisional attachment ruling where the grounds for provisional attachment has vanished, or the judgment finding the creditor to be the defeated party in the principal action has become final and binding, or the circumstances requiring a ruling for provisional attachment have changed..
The provisions of the third and the fourth paragraphs of Article 528 shall apply mutatis mutandis to the revocation of the provisional attachment ruling provided in the preceding paragraph.
The creditor may move for revocation of the provisional attachment ruling.
The motions provided in the first paragraph and the preceding paragraph shall be made to the court ordering the provisional attachment or, where the principal action has been initiated, the court in which such principal action is pending.
Article 531
Where a provisional attachment ruling is revoked either by reason of being improper ab initio or by reason of the provisions of the fourth paragraph of Article 529 or the third paragraph of Article 530, the creditor shall compensate the debtor for any losses incurred from the provisional attachment or the provision of a countersecurity.
Where an action has been initiated with regard to the claim secured by the provisional attachment, the court of first instance shall, on the debtor's motion made before the conclusion of the oral argument, order the creditor to make the compensation provided in the preceding paragraph in the judgment on the principal case. The court shall inform the debtor of the availability of such motion if he/she has not done so.
Article 532
A creditor may apply for a provisional injunction with regard to non-monetary claims for purposes of securing the satisfaction of compulsory execution.
A provisional injunction shall not be granted unless there is a showing of impossibility or extreme difficulty to satisfy the claim by compulsory execution in the future should there arise a change in the status quo of the claimed object.
Article 533
The provisions pertaining to provisional attachment shall apply mutatis mutandis to provisional injunction except as otherwise provided in Article 535 and Article 536.
Article 535
The necessary means of effectuating a provisional injunction shall be determined in the court's discretion by a ruling to such effect.
The court may, by the ruling provided in the preceding paragraph, appoint a manager and order the debtor to conduct or prohibit the debtor from conducting specific acts.
Article 536
The court may provide in the provisional injunction ruling that the debtor may be exempt from, or move for revocation of, the ruling for provisional injunction by the debtor providing the court-assessed countersecurity only in cases where the claim secured by a provisional injunction may be satisfied by money payments or where the provisional injunction will result in irreparable material harm to the debtor or where there exist other special circumstances..
Even if the provisional injunction ruling does not so provide in accordance with the provision of the preceding paragraph, the debtor may still move the court to revoke that ruling upon its provision of a countersecurity.
The court shall accord the creditor an opportunity to be heard before issuing the rulings provided in the two preceding paragraphs.
Article 537-1
Where the creditor has seized property or restrained the liberty of the debtor in accordance with the provision of Article 151 of the Civil Code, the creditor must immediately apply to the court for a ruling for provisional attachment or provisional injunction.
The court for the place where the property of the debtor is seized or where the liberty of the debtor is restrained has exclusive jurisdiction over the application provided in the preceding paragraph.
Article 537-2
The court shall immediately investigate and issue a ruling on the application provided in the first paragraph of the preceding article. Where the application does not fulfill the prerequisites provided in Article 151 of the Civil Code, or there exist other circumstances demanding a denial of such application, the court shall immediately deny such application by a ruling.
In cases where an application for provisional attachment or provisional injunction is made after the creditor has restrained the liberty of the debtor, the court may not issue a ruling granting the provisional attachment or provisional injunction sought without ordering the creditor and the debtor to present their oral statements.
Article 537-3
The creditor, in making the application in accordance with the provision of Article 537-1, shall forward the property seized or the debtor whose liberty is restrained to the court for handling, except where it is impossible to do so with a good cause shown.
The court shall appropriately handle the property or the debtor provided in the preceding paragraph before issuing the ruling and starting its execution. Notwithstanding, the liberty of the debtor must not be restrained for more than twenty-four hours from the time when he/she was forwarded to the court.
Where the creditor forwards either the property seized or the debtor whose liberty is restrained to the court in accordance with the provision of the first paragraph, the property shall be returned to the debtor or his/her liberty shall be restored when the court denies the creditor's application.
Article 537-4
Where a ruling for provisional attachment or provisional injunction is issued after the liberty of the debtor has been restrained, if the principal action has not yet been initiated, the creditor must initiate it within five days following the service of the ruling. Should the creditor fail to do so, the court issuing the ruling for provisional attachment or provisional injunction may, on motion or its own initiative, revoke that ruling.
Article 538
Where necessary for purposes of preventing material harm or imminent danger or other similar circumstances, an application may be made for an injunction maintaining a temporary status quo with regard to the legal relation in dispute.
The ruling provided in the preceding paragraph may be issued only where the legal relation in dispute may be ascertained in an action on the merits.
The injunction provided in the first paragraph may order certain prestation to be performed in advance.
The court shall accord the parties an opportunity to be heard before issuing the rulings provided in the first paragraph and the preceding paragraph, except where the court considers it inappropriate to do so.
Article 538-1
The court may, if it considers it necessary to do so, order an urgent disposition by a ruling on a motion before issuing the ruling provided in the first paragraph of the preceding article. As the court may designate, such disposition shall expire within a period not exceeding seven days. The duration of such disposition may be moved for an extension not exceeding three additional days.
The urgent disposition shall be automatically inoperative where the court denies an application for an injunction maintaining a temporary status quo before the expiration of the duration provided in the preceding paragraph. . Where an injunction maintaining a temporary status quo is granted, any part of the urgent disposition which is inconsistent with such injunction shall become inoperative.
The ruling provided in the first paragraph is not reviewable.
Article 538-2
In reversing or amending the ruling provided in the third paragraph of Article 538, the superior court shall, on motion by the appellant, simultaneously order the applicant to return the prestation received within the scope of the reversal or amendment. Where the prestation received was performed by money payment, the court shall, on motion, order the amount of interest due accrued from the time of receipt of such prestation to be added to the amount returned.
The ruling ordering the return provided in the preceding paragraph is not reviewable except in cases where a re-appeal has been taken from the superior court's ruling reversing or amending the ruling for an injunction maintaining a temporary status
The provisions of the two preceding paragraphs shall apply mutatis mutandis to the cases provided in the second paragraph of Article 538-1.
Article 538-3
Where a ruling for an injunction maintaining a temporary status quo is revoked by reason of the provision of Article 531, and the applicant is thus held liable for damages, upon applicant's proof of no fault on his/her part, the court may in its discretion lessen or discharge the applicant's liability.
Article 538-4
Except as otherwise provided, the provisions pertaining to provisional injunction shall apply mutatis mutandis to injunctions maintaining a temporary status.