Section V. Suits Relating to Execution
363. (Suit objecting to claim)
1. A debtor in execution who objects to the existence or contents of a claim noted in
a title of execution can file a suit objecting to the claim, seeking to block
execution under the title of execution; provided that this shall not apply to titles of
execution listed in Item (b) or Item (d) of Paragraph 2 of Article 350 (Title of
execution) that have not yet become final and binding.
2. The reasons for an objection to a final judgment shall be limited to reasons that
have arisen after the conclusion of oral arguments.
3. Suits under Paragraph 1 shall be subject to the jurisdiction of the court noted next
to the respective type of title of execution below:
1. A title of execution listed in Items (a) to
(d) or (g) to (i) of Paragraph 2 of Article
350 (Title of execution)
The court of first instance for the
procedure in question
2. A title of execution listed in Item (e) of
Paragraph 2 of Article 350 (Title of
execution)
The court clerk who made the disposition
3. A title of execution listed in Items (f) of
Paragraph 2 of Article 350 (Title of
execution)
The court having territorial jurisdiction
over the defendant as provide in BookⅠ,
Chapter Ⅱ, Article 8 (Jurisdiction
conferred by address, etc.) If there is no
court having jurisdiction under said
Article, the court of first instance having
jurisdiction over the locus of the object
of the claim or attachable property of the
debtor in execution.
364. (Suit objecting to grant of execution clause)
1. Where a special execution clause has been granted under Article 356 (Special
execution clause), a debtor in execution who has an objection concerning whether
in fact a condition precedent or uncertain time stipulation has been fulfilled, or
whether enforcement can take place with a party other than a party named in the
title of execution as creditor in execution or debtor in execution can file a suit of
objection to the grant of such execution clause in order to seek denial of execution
based on the authenticated copy of the title of execution to which such execution
clause has been affixed.
2. The terms of Paragraph 3 of Article 363 (Suit objecting to claim) shall apply
mutatis mutandis to Paragraph 1 of this Article.
365. (Suit of objection by third party)
1. A third party having ownership of the property that is the object of execution, or
having other rights to prevent the transfer or delivery of said property, can file a
third party objection suit seeking enjoinder of the execution.
2. A suit under Paragraph 1 shall fall within the jurisdiction of the execution court, in
cases of execution for which that court is to be the execution organ, and of the
court of first instance to which the bailiff belongs if the bailiff is to be the
execution organ.
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