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Chapter II: The Enforcement of Monetary Claims
Section V: Enforcement Against Other Property Rights
Article 115
When enforcing against the debtor's monetary claim against a third party, the enforcement court shall issue a seizure order to prohibit the debtor from collecting it or making other dispositions and prohibit that third party from repaying the debtor.
In the circumstance in the preceding paragraph, the enforcement court may, after consulting the creditor's opinion, allow the creditor to collect it or transfer the claim to the creditor by an order. When it deems appropriate, the enforcement court may order the third party to pay the enforcement court for transmitting to the creditor.
Where there is any condition, time limit, counter-prestation, or other causes which make it difficult to handle pursuant to the provisions prescribed in the preceding paragraph, the enforcement court may, upon petition, applies mutatis mutandis the provisions pertaining to the enforcement against movable property to auction or sell the claim.
Where the monetary claim is attached a registered security right in rem and the enforcement court carries out the compulsory enforcement pursuant to the preceding three paragraphs, it shall immediately notify the registration authority to register the cause.
Article 115-1
The effect of compulsory enforcement against salaries or other continual payment claims, within the extent of the amount of a creditor's claim and the compulsory enforcement cost, shall apply until the creditor has received full repayment of its claim, including any increased amount incurred during the enforcement process, from the total amount collected in accordance with the court's seizure order..
The extent of a seizure order issued for the following claims shall not exceed one-third of the amount of each installment:
1. The continual remuneration claims obtained by a natural person for providing labor services.
2. The continual payment claims, which are required for the purpose of maintaining the basic lifestyle of the debtor and/or his/her relatives living with him/her.
In a case as described in the preceding paragraph, the enforcement court may not be limited by the rules relating to seizure proportions, if the court deems that there is unfairness after considering the living conditions of the debtor and the creditor and other circumstances. However, the debtor's living expenses should be set aside and not included in the seizure.
The enforcement court may order that any amount collected from the debtor pursuant to the court's seizure order in Paragraph 1 of this article be transferred to creditors. However, when the debtor loses his/her rights or a third party loses the ability to pay, the transfer order shall cease to have effect to the extent of the creditor's unrepaid claim, and the creditor may petition for continuing the enforcement without being charged the enforcement costs.
Article 115-2
The third party may, before the enforcement court issues the order in Article 115 Paragraph 2, lodge the full amount of the debtor's monetary claim or the seized part at the lodgment office in the place of repayment.
Where the third party receives another seizure order before performing the order of the enforcement court which permits the creditor to collect or orders the payment to the enforcement court for transmitting to the creditors, and the seized amount exceeds the unseized part of the debtor's monetary claim, he/she shall pay the full amount of the claim to the enforcement court which seizes first.
Where the third party has made the lodge or payment, he/she shall clearly state the cause to the enforcement court.
Article 116
Where a debtor may enforce a right against a third party to deliver or transfer movable or immovable property based on a claim or right in rem, the enforcement court may, aside from prohibiting the debtor from disposition and the third party from delivery or transfer by an order, order the third party to deliver the movable or immovable property to the enforcement court when it deems appropriate and enforce it pursuant to the provisions pertaining to the enforcement against movable or immovable property.
Where a third party shall transfer or create an immovable property right in rem to the debtor on the basis of an irrevocable judgment or a settlement or mediation reached pursuant to the Code of Civil Procedure, the enforcement court may, upon the creditor's petition, enforce it at the debtor's costs after notifying the registration authority to register the right under the debtor's title.
Article 116-1
Where the debtor may request a third party to deliver or transfer a right against vessels or aircrafts based on a claim or right in rem, the provisions of the preceding Article apply mutatis mutandis, and the enforcement follows the provisions pertaining to the enforcement against vessels or aircrafts.
Article 117
Where the enforcement is against a property right other than that prescribed in the preceding three sections and Article 115 to the preceding Article, the provisions of Article 115 to the preceding Article apply mutatis mutandis. The enforcement court may also consider the situation to order the assignment or administration and repay the creditor with the assignment price or administration revenue.
Article 118
The orders referred to in Articles 115, 116, 116-1 and the preceding article shall be serviced to the debtor and the third party. After the service has been completed, the creditors shall be notified thereof.
The order in the preceding paragraph comes into effect when being serviced to the third party. Where the third party is absent, it comes into effect when being serviced to the debtor. However, where the seizure registration has been made before the service, the order comes into effect on registration.
Article 119
Where the third party repudiates the existence of the debtor's claim or of other property rights, disputes the claim amount, or claims other causes that may prevent the debtor's request, he/she shall, within ten days after receiving the enforcement court's order, submit a written brief to petition for the objection.
Where the third party fails to petition for the objection within the time limit prescribed in the preceding paragraph and fails to pay the money to the creditor or pay or deliver the money, movable, or immovable property to the enforcement court in accordance with the enforcement court's order, the enforcement court may, upon the creditor's petition, carry out a compulsory enforcement directly against that third party.
The third party may institute an objection suit against the enforcement in the preceding paragraph on the grounds referred to in the first paragraph.
The provisions prescribed in Article 18 Paragraph 2 shall apply mutatis mutandis to the suit in the preceding paragraph.
Article 120
Where the third party petitions for an objection pursuant to paragraph 1 of the preceding article, the enforcement court shall notify the creditor.
Where the creditor considers the objection petitioned for by the third party to be untrue, he/she may institute a suit in the court of jurisdiction within ten days after receiving the court order and shall provide the certificate of the initiation of the suit to the enforcement court and inform the debtor of the suit.
Where the creditor fails to provide the certificate of the initiation of the suit within the period prescribed in the preceding paragraph, the enforcement court may, upon the third party's petition, revoke the issued enforcement title.
Article 121
Where the debtor possesses the evidentiary document for his/her claim against a third party or other property rights and refuses to deliver it in accordance with the order of the enforcement court, the court may take over that document, declare the undelivered document null and void by a public announcement, and produce and issue another certificate document to the creditor.
Article 122
The social welfare allowance, social assistance, or subsidy received by the debtor in accordance with laws shall not be subject to compulsory enforcement.
Where the social insurance payment received by the debtor in accordance with laws or the debtor's claim against a third party is necessary for maintain the living of the debtor and his/her relatives living with him/her, they shall not be subject to compulsory enforcement.
The amount for the debtor's necessary living shall be calculated by 1.2 times of the minimum living expenses per person per month in the area announced by the Ministry of Health and Welfare or the municipal government in the latest year, and other property of the debtor shall be considered.
The calculation basis prescribed in the preceding paragraph applies mutatis mutandis to the necessary living of the relatives living with the debtor, and the amount shall be determined in proportion to the debtor's obligation to support in accordance with laws.
Where the enforcement court considers the living condition and other circumstances of the debtor and creditor and deems it unfair, it is unrestricted by the preceding three paragraphs, provided that it shall consider and reserve the living expense for the debtor and his/her relatives living with him/her.