Section VI. Stay and Cancellation of Execution
366. (Adjudication of stay of execution upon filing of suit for retrial, etc.)
1. In the following cases, upon motion, the court can order a temporary stay of
execution with or without the posting of security:
(a) Where a suit for retrial has been filed and the situation asserted as the
grounds of the protest appears to have legal merit, and there is preliminary
showing of the factual issues;
(b) Where a Satuk appeal has been filed against a judgment with declaration of
provisional execution, and there is preliminary showing of circumstances
which should be grounds for quashing the original judgment;
(c) Where an Uttor appeal has been filed against a judgment with declaration of
provisional execution or a motion of objection has been filed against a
demand ruling, and there is preliminary showing of circumstances which
should be grounds for canceling or varying the original judgment or demand
ruling; and/or
(d) Where a motion of mishap has been filed against a default judgment with
declaration of provisional execution, and there is preliminary showing of
circumstances which should be grounds for canceling or varying the default
judgment.
2. Upon motion, the court can order a temporary stay in a case falling under any Item
of Paragraph 1, or reversal of any execution disposition already taken, subject to
the posting of security.
3. Where a Satuk appeal or Uttor appeal has been filed against a judgment with
declaration of provisional execution, if the case record still exists in the original
court, that court shall try motions prescribed in Paragraphs 1 and 2 of this Article.
367. (Adjudication of stay of execution upon suit of objection to claim, etc.)
1. Where a suit of objection to claim, a suit of objection to grant of execution clause
or a third party objection suit has been filed, and the asserted grounds of objection
have been proved, the court which has accepted the filing of such suit can, upon
motion, and with or without requiring the posting of security, order the temporary
staying of execution pending such time as it makes an adjudication under Article
368 (Adjudication of stay of execution in final judgment, etc.) by final judgment11.
2. In cases under Paragraph 1, in addition to a temporary stay of execution, upon
motion, and subject to the posting of security, the court which has accepted the
objection suit can order reversal of execution disposition that has already been
carried out.
3. Where a suit of objection to claim or suit of objection to grant of execution clause
has been filed, the grounds for objection are proved and also there are urgent
circumstances, the execution court or the court of first instance to which the bailiff
belongs can, upon motion, make a ruling prescribed in Paragraphs 1 or 2, after
fixing a time limit for submission of an authenticated copy of an adjudication
prescribed in Paragraph 1. Such an adjudication can also be made prior to the
filing of a suit prescribed in Paragraph 1.
4. If the time limit fixed under Paragraph 3 expires, or an adjudication prescribed in
Paragraphs 1 or 2 is submitted to the execution court or to the bailiff, the ruling
under Paragraph 3 shall cease to have effect.
368. (Adjudication of stay of execution in final judgment, etc.)
In making its final judgment concerning a suit of objection to claim, suit of objection to
grant of execution clause, or third party objection suit, the court which has accepted the
filing of the objection suit can make an order for disposition prescribed in Paragraphs 1
or 2 of Article 367 (Adjudication of stay of execution upon suit of objection to claim,
etc.) or reverse, vary or recognize any adjudication already made under said Paragraphs.
This adjudication shall come into effect as of the time of handing down of the final
judgment concerning any suit prescribed in this Article.
369. (Adjudication of stay of execution upon motion of objection to grant of
execution clause, etc.)
Where a motion of objection to grant of execution clause has been filed, the court,
where it deems necessary, can, upon motion, order a stay of the execution pending
adjudication of such objection, with or without requiring the posting of security.
370. (Stay and cancellation of execution)
1. Upon submission of any of the documents listed below, the execution court or
bailiff shall stay the execution, and shall reverse any execution disposition that has
already been carried out:
11 shuukyoku hanketsu – final, as opposed to interim, at a certain level – i.e. final in every sense except that it is still
subject to appeal, as opposed to an interim judgment (chuukan hanketsu)
(a) an authenticated copy of an adjudication which contains an order canceling a
title of execution other than a notary’s certificate described in Item (f) of
Paragraph 2 of Article 350 (Title of execution) or an authenticated copy of an
adjudication which includes an order canceling a declaration of provisional
execution;
(b) an authenticated copy of an adjudication which includes an order that
execution is not permitted;
(c) an authenticated copy of a final and binding judgment declaring that a
compromise or acknowledgment in connection with a title of execution has
no effect;
(d) an authenticated copy of a protocol or other document prepared by a court
clerk certifying that a title of execution noted in Items (b) through (e) of
Paragraph 2 of Article 350 (Title of execution) has become null and void on
account of withdrawal of the suit or other reason;
(e) an authenticated copy of a protocol of compromise in court which contains
an undertaking not to carry out an execution or to withdraw the relevant
motion;
(f) a document proving the posting of security for the purpose of exemption
from execution; and/or
(g) an authenticated copy of an adjudication which includes an order for stay of
execution or for reversal of execution disposition [already taken].
2. Upon submission of any of the documents listed below, the execution court or
bailiff shall stay the execution; provided that in the case of Item (b), the effect of
the stay shall be limited to 2 months.
(a) an authenticated copy of an adjudication which includes an order for a
temporary stay of execution; or
(b) an authenticated copy of a document including a provision to the effect that
the creditor in execution has received payment, or has consented to deferral
of payment, since the establishment of the title of execution.
3. Article 345 (Chomtoah appeal against cancellation ruling, etc.) shall not apply to
cases of reversal of execution disposition under Paragraph 1 of this Article.
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