Article 9When it is necessary in order to clarify the allegations of a party with regard to the facts pertaining to a dispute, the court may have a person, who administers affairs on behalf of the party or assists the party and whom the court considers to be appropriate, to make statements on the date for oral argument or date for hearing.

Article 10Deleted

Article 11Deleted

Article 26An obligor may file an objection to a temporary restraining order with the court that has issued the order.

Article 27(1)Where an objection to a temporary restraining order is filed, only when a prima facie showing is made with regard to the circumstances which will obviously be the grounds for revocation of the temporary restraining order and the likelihood that the execution of the temporary restraining order will cause damage for which compensation cannot be made, a court may, upon petition, order a stay of execution of a temporary restraining order or order revocation of a disposition of execution already made, while requiring the provision of security immediately or requiring the provision of security as a condition, until the court makes a judicial decision under the provision of paragraph (3) in its order on the objection to the temporary restraining order.

(2)Where a court in charge of an appeal has issued a temporary restraining order, if the record of the case exists at the court of prior instance, the latter court may also make a judicial decision under the provision of the preceding paragraph.

(3)A court shall, in an order on an objection to a temporary restraining order, revoke, change or approve the judicial decision already made under the provision of paragraph (1).

(4)No appeal may be entered against a judicial decision under the provisions of paragraph (1) and the preceding paragraph.

(5)The provision of Article 15 shall apply mutatis mutandis to a judicial decision under the provision of paragraph (1).

Article 28When it is necessary in order to avoid substantial delay in a case of an objection to a temporary restraining order or ensure equity between the parties, in consideration of the domicile of a party, a witness to be examined and a witness to be heard, and any other circumstances concerned, a court may, upon petition or by its own authority, transfer said case to another court having jurisdiction over the case of the temporary restraining order.

Article 29A court may not make an order on an objection to a temporary restraining order without holding oral argument or holding a hearing which both parties can attend on the date fixed therefor.

Article 30Deleted

Article 31In order to conclude proceedings, a court shall decide the day on which proceedings are to be concluded, giving a reasonable grace period; provided, however, that on the date for oral argument or date for hearing which both parties can attend, a court may immediately declare the conclusion of proceedings.

Article 32(1)A court shall, in an order on an objection to a temporary restraining order, approve, change or revoke the temporary restraining order.

(2)In an order set forth in the preceding paragraph, the court may provide that it requires the obligee to provide security within a certain period of time that it finds to be reasonable, or that it increases the amount of security required under the provision of Article 14, paragraph (1) and requires the obligee to provide security for the amount of such increase within a certain period of time that it finds to be reasonable, as a condition for the implementation or continuation of the execution of a temporary restraining order.

(3)A court may require an obligor to provide security as a condition attached to an order to revoke a temporary restraining order under the provision of paragraph (1).

(4)The provisions of the main clause of Article 16 and Article 17 shall apply mutatis mutandis to an order set forth in paragraph (1).

Article 33Where an obligee has, based on an order of provisional disposition, received the delivery or surrender of an object or received payment of money, or used or retained an object, a court may, upon the petition of the obligor, order the obligee to return the object delivered or surrendered by the obligor, return the money paid by the obligor or return the object used or retained by the obligee, in an order to revoke the order of provisional disposition under the provision of paragraph (1) of the preceding Article.

Article 34When making an order to revoke a temporary restraining order under the provision of Article 32, paragraph (1), a court may declare that such revocation order will not become effective until the expiration of a certain period of time that it finds to be reasonable, not exceeding two weeks from the day on which the service of the order has been received; provided, however, that this shall not apply when no appeal may be filed against such revocation order.

Article 35In order to withdraw an objection to a temporary restraining order, it shall not be required to obtain consent from the obligee.

Article 36A judicial decision on an objection to a temporary restraining order may not be made by an assistant judge independently.

Article 37(1)A court that has issued a temporary restraining order shall, upon the petition of the obligor, order the obligee to, within a certain period of time that it finds to be reasonable, file an action on the merits and submit a document certifying the filing of the action, and if the obligee has already filed an action on the merits, order him/her to submit a document certifying that the action is pending before court.

(2)The period set forth in the preceding paragraph shall be two weeks or more.

(3)If the obligee has failed to submit the document set forth in paragraph (1) within the period set forth in said paragraph, the court shall, upon the petition of the obligor, revoke the temporary restraining order.

(4)Where the action on the merits set forth in paragraph (1) has been withdrawn or dismissed without prejudice after the document set forth in said paragraph was submitted, it shall be deemed that said document has never been submitted.

(5)With regard to the application of the provisions of paragraph (1) and paragraph (3), the filing of an action on the merits shall be deemed to be replaced with: the filing of a petition for conciliation with a family court if the case on the merits is a case prescribed in Article 18, paragraph (1) of the Act on Adjudication of Domestic Relations (Act No. 152 of 1947); the filing of a petition for labor tribunal proceedings with a district court if the case on the merits is a case prescribed in Article 1 of the Labor Tribunal Act (Act No. 45 of 2004); the procedure to commence arbitration proceedings if an arbitration agreement is reached in the case on the merits; and the application for an award on the liability for damages (referred to as an "award on liability" in the following paragraph) prescribed in Article 42-12, paragraph (1) of the Act for the Settlement of Environmental Pollution Disputes (Act No. 108 of 1970) if the case on the merits is a case to seek damages for suffering from environmental pollution prescribed in Article 2 of said Act.

(6)When a conciliation case set forth in the preceding paragraph, labor tribunal proceedings set forth in said paragraph, arbitration proceedings set forth in said paragraph or award on liability proceedings set forth in said paragraph is closed, with no conciliation or labor tribunal judgment being reached or made (including the case where conciliation is not reached under the provision of Article 16 of the Civil Conciliation Act (Act No. 222 of 1951) as applied mutatis mutandis pursuant to the provision of Article 29 of the Labor Tribunal Act, and the case where a labor tribunal case is closed under the provision of Article 24, paragraph (1) of the Labor Tribunal Act) or with no arbitration judgment or award on liability being made (including the case where an agreement between the parties is not reached set forth in Article 42-24, paragraph (2) of the Act for the Settlement of Environmental Pollution Disputes), the obligee shall file an action on the merits within the same period as the period specified under the provision of paragraph (1) from the date of the close of the case or proceedings.

(7)The provision of paragraph (3) shall apply mutatis mutandis to the case where the obligee has failed to file an action on the merits under the provision of the preceding paragraph, and the provision of paragraph (4) shall apply mutatis mutandis to the case where an action on the merits set forth in the preceding paragraph has been filed or such action is deemed to have been filed under the provision of Article 22, paragraph (1) of the Labor Tribunal Act (including cases where applied mutatis mutandis pursuant to Article 23, paragraph (2) and Article 24, paragraph (2) of said Act), and then the action has been withdrawn or dismissed without prejudice.

(8)The provisions of the main clause of article 16 and Article 17 shall apply mutatis mutandis to an order under the provision of paragraph (3) (including cases where applied mutatis mutandis pursuant to the preceding paragraph).

Article 38(1)When the right or relationship of rights to be preserved or the necessity to preserve it no longer exists or there has been any other change in circumstances, the court that has issued a temporary restraining order or the court in charge of the case on the merits may, upon the petition of the obligor, revoke the temporary restraining order.

(2)The change in circumstances set forth in the preceding paragraph shall be clarified by making a prima facie showing.

(3)The provisions of the main clause of Article 16, Article 17, and Article 32, paragraph (2) and paragraph (3) shall apply mutatis mutandis to an order on a petition set forth in paragraph (1).

Article 39(1)When there is a likelihood that an order of provisional disposition will cause damage for which compensation cannot be made or there are other special circumstances, the court that has issued the order of provisional disposition or the court in charge of the case on the merits may, upon the petition of the obligor, revoke the order of provision disposition, while requiring the provision of security as a condition.

(2)The special circumstances set forth in the preceding paragraph shall be clarified by making a prima facie showing.

(3)The provisions of the main clause of Article 16 and Article 17 shall apply mutatis mutandis to an order on a petition set forth in paragraph (1).

Article 40(1)The provisions of Article 27 to Article 29, Article 31, and Article 33 to Article 36 shall apply mutatis mutandis to a judicial decision concerning revocation of a temporary restraining order; provided, however, that the provisions of Article 27 to Article 29, Article 31, Article 33, Article 34 and Article 36 shall not apply to a judicial decision under the provision of Article 37, paragraph (1).

(2)Where a petition for revocation of a temporary restraining order is filed with the court in charge of the case on the merits that differs from the court that has issued the temporary restraining order, when the record of the case exists at the court that has issued the temporary restraining order, such court that issued the temporary restraining order may also make a judicial decision under the provision of Article 27, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.

Article 41(1)An appeal may be filed against a judicial decision on an objection to a temporary restraining order or on a petition for revocation of a temporary restraining order (including a judicial decision under the provision of Article 33 (including cases where applied mutatis mutandis pursuant to paragraph (1) of the preceding Article)), within a unextendable period of two weeks from the day on which the service of the judicial decision is received; provided, however, that this shall not apply to a judicial decision on an objection to a temporary restraining order issued by a court in charge of an appeal.

(2)The court of prior instance, when receiving an appeal pertaining to a temporary restraining order, shall refer the case to a court in charge of an appeal, without making determination on whether or not there are any reasons for the appeal.

(3)No appeal may further be filed against a judicial decision on an appeal pertaining to a temporary restraining order.

(4)The provisions of the main clause of Article 16, Article 17, and Article 32, paragraph (2) and paragraph (3) shall apply mutatis mutandis to an order on appeal pertaining to a temporary restraining order; the provisions of Article 27, paragraph (1), paragraph (4) and paragraph (5), Article 29, Article 31, and Article 33 shall apply mutatis mutandis to a judicial decision on an appeal pertaining to a temporary restraining order; and the provision of Article 349 of the Code of Civil Procedure shall apply mutatis mutandis to the case where a judicial decision against which an appeal pertaining to a temporary restraining order may be filed becomes final and binding.

(5)When the record of the case exists at the court of prior instance, such court may also make a judicial decision under the provision of Article 27, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.

Article 42(1)Where an appeal is filed against an order to revoke a temporary restraining order, only when a prima facie showing is made with regard to the circumstances which will obviously be the grounds for revocation of the order of prior instance and the likelihood that the revocation of the order will cause damage for which compensation cannot be made, the court in charge of an appeal may, upon petition, order a stay of the effect of the order to revoke the temporary restraining order, while requiring the provision of security immediately or requiring the provision of security as a condition, until it the court makes a judicial decision on the appeal.

(2)The provisions of Article 15, Article 27, paragraph (4), and paragraph (5) of the preceding Article shall apply mutatis mutandis to a judicial decision under the provision of the preceding paragraph.

Article 43(1)The execution of a temporary restraining order shall be implemented on the basis of an authenticated copy of the temporary restraining order; provided, however, that the execution of a temporary restraining order against or in the interest of a party other than the party indicated in the temporary restraining order shall be implemented on the basis of an authenticated copy of the temporary restraining order with a certificate of execution attached thereto.

(2)The execution of a temporary restraining order shall not be carried out when two weeks have elapsed from the day on which the temporary restraining order is served upon the obligee.

(3)The execution of a temporary restraining order may be carried out even before the temporary restraining order is served upon the obligor.

Article 44(1)When a judicial decision is made to the effect that the provision of security shall be required as a condition for the continuation of the execution of a temporary restraining order pursuant to the provision of Article 32, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 38, paragraph (3) and Article 41, paragraph (4); hereinafter the same shall apply in this paragraph), the obligee shall submit a document certifying that he/she has provided security within the period specified under the provision of Article 32, paragraph (2), to the court of execution of the temporary restraining order or a court execution officer within one week from the last day of said period.

(2)Where the obligee has failed to submit the document under the provision of the preceding paragraph, when the obligor has submitted an authenticated copy of the judicial decision set forth in said paragraph, the court of execution of the temporary restraining order or a court execution officer shall revoke the disposition of execution already made.

(3)The provision of Article 40, paragraph (2) of the Civil Execution Act shall apply mutatis mutandis when revoking a disposition of execution pursuant to the provision of the preceding paragraph.

Article 45A third party action against the execution of a temporary restraining order carried out by a high court as the court of execution of a temporary restraining order shall be under the jurisdiction of the district court having jurisdiction over the location of the property to be provisionally seized or the subject matter in dispute.

Article 46Except as otherwise provided for in this Chapter, the provisions of Article 5 to Article 14, Article 16, Article 18, Article 23, paragraph (1), Article 26, Article 27, paragraph (2), Article 28, Article 30, paragraph (2), Article 32 to Article 34, Article 36 to Article 38, Article 39, paragraph (1), item (i) to item (iv), item (vi) and item (vii), Article 40, and Article 41 of the Civil Execution Act shall apply mutatis mutandis to the execution of a temporary restraining order.

Article 47(1)The execution of a provisional seizure against real property prescribed in Article 43, paragraph (1) of the Civil Execution Act (including property that shall be deemed to be real property pursuant to the provision of paragraph (2) of said Article) shall be carried out by the method of making a registration of a provisional seizure or the method of compulsory administration. These methods may be used jointly.

(2)The court that has issued an order of provisional seizure shall have jurisdiction over the execution of the provisional seizure by the method of making a registration of a provisional seizure as the court of execution of a temporary restraining order.

(3)A court clerk shall commission registration of a provisional seizure.

(4)When executing a provisional seizure by the method of compulsory administration, the administrator shall make a statutory deposit of the money to be allotted to the liquidating distribution, etc. as calculated under the provision of Article 107, paragraph (1) of the Civil Execution Act as applied mutatis mutandis pursuant to the following paragraph, and notify the court of execution of a temporary restraining order of such circumstances.

(5)The provisions of Article 46, paragraph (2), Article 47, paragraph (1), Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act shall apply mutatis mutandis to the execution of a provisional seizure by the method of making a registration of a provisional seizure, and the provisions of Article 44, Article 46, paragraph (1), Article 47, paragraph (2), the main clause of paragraph (6), and paragraph (7), Article 48, Article 53, Article 54, Article 93 to Article 93-3, Article 94 to Article 104, Article 106, and Article 107, paragraph (1) of said Act shall apply mutatis mutandis to the execution of a provisional seizure by the method of compulsory administration.

Article 48(1)The execution of a provisional seizure against a vessel shall be carried out by the method of making a registration of a provisional seizure or the method of ordering a court execution officer to confiscate the document proving the nationality of the vessel and any other documents necessary for the navigation of the vessel (hereinafter referred to as the "certificate of the vessel's nationality, etc." in this Article) and to submit them to the court of execution of a temporary restraining order. These methods may be used jointly.

(2)As the court of execution of a temporary restraining order, the court that has issued an order of provisional seizure shall have jurisdiction over the execution of a provisional seizure by the method of making a registration of a provisional seizure, and the district court having jurisdiction over the location of a vessel shall have jurisdiction over the execution of a provisional seizure by the method of ordering the confiscation of the certificate of the vessel's nationality, etc.

(3)The provisions of paragraph (3) of the preceding Article and the provisions of Article 46, paragraph (2), Article 47, paragraph (1), Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act shall apply mutatis mutandis to the execution of a provisional seizure by the method of making a registration of a provisional seizure, and the provisions of Article 45, paragraph (3), Article 47, paragraph (1), Article 53, Article 116 and Article 118 of said Act shall apply mutatis mutandis to the execution of a provisional seizure by the method of ordering the confiscation of the certificate of the vessel's nationality, etc.

Article 49(1)The execution of a provisional seizure against movables shall be carried out by the method in which a court execution officer possesses the movables.

(2)A court execution officer shall make a statutory deposit of the money that is subject to the execution of a provisional seizure. The same shall apply to the money paid to a court execution officer with regard to a bill or note, check or any other securities for payment of money, which is subject to the execution of a provisional seizure and requires presentation for underwriting or payment or requires a demand for payment within a period specified in order to exercise the right.

(3)When there is a likelihood of a considerable decline in the price of the movables subject to the execution of a provisional seizure or if an inappropriate amount of costs are to be required for retention of such movables, a court execution officer shall sell the movables through the procedure of sale in execution against movables under the provisions of the Civil Execution Act and make a statutory deposit of the proceeds of such sale.

(4)The provisions of Article 123 to Article 129, Article 131, Article 132 and Article 136 of the Civil Execution Act shall apply mutatis mutandis to the execution of a provisional seizure against movables.

Article 50(1)The execution of a provisional seizure against a claim prescribed in Article 143 of the Civil Execution Act shall be carried out by the method in which a court of execution of a temporary restraining order issues an order to prohibit the third party obligor from providing performance to the obligor.

(2)The court that has issued an order of provisional seizure set forth in the preceding paragraph shall have jurisdiction over the execution of a provisional seizure as the court of execution of a temporary restraining order.

(3)When the third party obligor has made a statutory deposit of money equivalent to the amount of the claim for payment of money against which the provisional seizure was executed, it shall be deemed that the obligor has made a statutory deposit of money equivalent to the amount of money specified under the provision of Article 22, paragraph (1); provided, however, that this shall not apply to any part of the deposit which exceeds said amount of money.

(4)The provisions of paragraph (1) and paragraph (2) shall apply mutatis mutandis to the execution of a provisional seizure against any other property right.

(5)The provisions of Article 145, paragraph (2) to paragraph (5), Article 146 to Article 153, Article 156, Article 164, paragraph (5) and paragraph (6), and Article 167 of the Civil Execution Act shall apply mutatis mutandis to the execution of a provisional seizure against a claim and any other property right as set forth in paragraph (1).

Article 51(1)When the obligor has proved that he/she made a statutory deposit of money equivalent to the amount of money specified under the provision of Article 22, paragraph (1), the court of execution of a temporary restraining order shall revoke the execution of a provisional seizure.

(2)Notwithstanding the provision of Article 12, paragraph (2) of the Civil Execution Act as applied mutatis mutandis pursuant to Article 46, an order made under the provision of the preceding paragraph shall become effective immediately.

Article 52(1)The execution of a provisional disposition shall be governed by the rules of execution of a provisional seizure or compulsory execution in addition to the provisions of this Section.

(2)For the purpose of execution of a provisional disposition to order the delivery of property or any other action or inaction, an order of provisional disposition shall be deemed to be a title of obligation.

Article 53(1)The execution of a provisional disposition prohibiting the disposition of property for the purpose of preserving the right to claim a registration (excluding a provisional registration) of a right relating to real property (hereinafter referred to as the "right to claim registration") shall be carried out by the method of making a registration of prohibition of disposition of property.

(2)The execution of a provisional disposition prohibiting the disposition of property for the purpose of preserving the right to claim a registration of the preservation, establishment or change of a right other than ownership relating to real property shall be carried out by the method of making a provisional registration by means of a provisional disposition (hereinafter referred to as a "provisional registration for the purpose of preservation") together with a registration of prohibition of disposition of property set forth in the preceding paragraph.

(3)The provisions of Article 47, paragraph (2) and paragraph (3), and the provisions of Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act shall apply mutatis mutandis to the execution of a provisional disposition prohibiting the disposition of property set forth in the preceding two paragraphs.

Article 54The provision of the preceding Article shall apply mutatis mutandis to the execution of a provisional disposition prohibiting the disposition of property for the purpose of preserving the right to claim a registration (excluding a provisional registration) of a right, other than a right relating to real property, for which the restriction of the disposition thereof may not be duly asserted against a third party or nor shall it become effective unless it has been registered.

Article 54-2An order of provisional disposition prohibiting transfer of possession issued under the provision of Article 25-2, paragraph (1) may not be executed in cases where it is unable to specify the possessor of real property, which is the subject matter in dispute, at the time of releasing such real property from possession.

Article 55(1)When an order of provisional disposition is issued to prohibit the disposition of a building for the purpose of preserving the right to claim the removal of the building and the surrender of the land on which it stands, the execution of the provisional disposition shall be carried out by the method of making a registration of prohibition of disposition of property.

(2)The provisions of Article 47, paragraph (2) and paragraph (3), and the provisions of Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act shall apply mutatis mutandis to the execution of a provisional disposition prohibiting the disposition of property set forth in the preceding paragraph.

Article 56When an order of provisional disposition is made to suspend the execution of duties by a person registered as a representative or any other officer of a juridical person or to appoint a person who will execute such duties on behalf of such registered person or when an order is made to change or revoke such order of provisional disposition, a court clerk shall commission the registry office having jurisdiction over the location of the head office or principal office of the juridical person (in the case of a foreign juridical person, the location of its office) to make a registration to that effect; provided, however, that this shall not apply in cases where these matters should not be registered.

Article 57(1)When the obligor has proved that he/she made a statutory deposit of money equivalent to the amount of money specified under the provision of Article 25, paragraph (1), the court of execution of a temporary restraining order shall revoke the execution of a provisional disposition.

(2)The provision of Article 51, paragraph (2) shall apply mutatis mutandis to an order made under the provision of the preceding paragraph.