Provisional Attachment Order 2
SUPPLEMENTARY PROCEDURE FOR TEMPORARY ADDITION (FINALIZATION)
The creditor must perform the supplementary procedure to convert the provisionally attached property into a final attachment and thereby obtain the authority to request its sale.
The creditor must file a lawsuit against the debtor within 7 days of the enforcement of the provisional attachment order. Otherwise, the provisional attachment order will automatically lapse.
***If the creditor files a lawsuit or initiates enforcement proceedings within 7 days by means of an additional ceremony, the provisional seizure shall continue until the end of the lawsuit or enforcement proceedings. If the creditor prevails at the end of the lawsuit or enforcement proceedings, the provisional seizure becomes a final seizure and the creditor may request the sale of the assets.
***If no objection is made to the payment order in the enforcement proceedings initiated after the provisional attachment, the provisional attachment becomes final.
***If the debtor objects to the payment order, the creditor must file a lawsuit for the cancellation of the objection within 7 days of being notified of the objection or request the lifting of the objection for the provisional attachment to continue.
COMPENSATION LAWSUIT ARISING FROM UNJUST PROVISIONAL ATTACHMENT
A creditor who obtains an unjust provisional attachment order and causes damage within this scope must compensate the innocent debtor for the damage.
Conditions for the debtor to file a compensation lawsuit due to unjust attachment:
The provisional attachment order must have been executed,
The provisional attachment must be unjustified,
Damage must have occurred,
There must be an appropriate causal link,
Liability must be strict. (No fault is required.)
Plaintiff: The debtor whose property was unjustly seized or third parties who suffered damage as a result.
Defendant: The creditor who unjustly placed a provisional attachment on the debtor’s property.
***This case is heard in general courts.
***The competent court is the court of the creditor’s place of residence. Since it is a tort case, it is the court where the tort occurred or the court that issued the provisional attachment order.
***The statute of limitations period for a compensation lawsuit filed after an unjustified provisional attachment decision is two years. (This period is two years for provisional measures. For provisional measures, this period is one year.) This two-year period begins on the date the decision to lift the provisional attachment becomes final.