jas steav kob seri a7
566. (Execution of provisional attachment Against Claims and Other Property
Rights)
1. Execution of provisional attachment against claims as stipulated in Article 402
(Meaning of execution against claims and execution court) shall be carried out by
means of a ruling by the court of execution of preservative relief enjoining the third
party debtor from paying the debtor.
2. The court that issued the provisional attachment ruling shall have jurisdiction as the
court of execution of preservative relief over the execution of provisional
attachment described in Paragraph 1.
3. In cases where provisional attachment has been executed against a claim having
money as its subject matter, if the third party debtor has deposited the amount of
such claim with the court, the money shall be regarded as having been deposited by
the debtor with the court, in the amount of money prescribed in Article 547 (Amount
for release of provisional attachment), provided that this shall not apply to the
portion of the money paid by the third party debtor that exceeds the amount
[prescribed in Article 547].
4. Paragraphs 1 and 2 shall apply mutatis mutandis to execution of provisional
attachment against other property rights.
5. Paragraphs 2 and 3, Paragraphs 6 through 8, and Paragraphs 10 and 11 of Article
403 (The attachment ruling), Articles 404 (The scope of attachment)through 408
(Notice of withdrawal of motion, etc.), Article 411 (Deposit by third party debtor)
and Article 416 (Execution against other property) shall apply mutatis mutandis to
execution of provisional attachment against claims described in Paragraph 1 and
other property rights.
567. (Execution of provisional attachment against immovables)
1. Execution of provisional attachment against immovables as stipulated in Article 417
(Scope and method of execution against immovables) shall be carried out by means
of registering the provisional attachment.
2. The court that issued the provisional attachment ruling shall have jurisdiction as the
court of execution of preservative relief over the execution of provisional
attachment.
3. The court clerk shall be responsible for arranging the registration of attachment.
4. Paragraph 2 of Article 420 (Instruction for registration of attachment, etc.), the first
sentence of Paragraphs 3 of Article 421 (Effect of attachment), Paragraphs 1 of
Articles 424 (Double ruling of commencement), Article 425 (Double ruling of
commencement concerning immovable where ruling of commencement has already
been issued in enforcement of security), Article 427 (Cancellation of compulsory
sale proceedings by reason such as destruction or loss of the immovable) and Article
428 (Entrustment for striking out of registration of attachment) shall apply mutatis
mutandis to execution of provisional attachment against immovables.
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