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  • Civil trials
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Trials - Civil trials

Civil trials hear civil disputes over existence of a certain right or legal status arising in people’s daily lives.

Compulsory Enforcement of Civil Judgment

If the judgment debtor does not pay his or her debt obligations despite the final judgment for the payment of money or provisional enforcement by the court, the judgment creditor could compel the judgment debtor to pay with the assistance of the state. This is compulsory enforcement of judgment. Properties of the debtor which are subject to be enforced include real property, vessels and automobiles, heavy equipment, aircraft, corporeal movables and bonds. In general, the court orders to enforce the judgment on most properties except the corporeal property, which is enforced by the court officer in charge of enforcing judgment or order by the court to pay obligations. The most frequently used enforcement method is to sell of the real property of the debtor whereby the court seizes by an open tender or auction. Then the proceeds of execution of sale through an open tender or auction, are distributed to the creditor(s). If it is not possible to satisfy all creditors with distribution of proceeds of sale or collection, the creditors would be paid based on their priority rankings in accordance with the Civil Act, Commercial Act, etc. Aside from collecting debts through bond auctions, another method is to sell or put up the foreclosed properties at bond. The procedure of foreclosure is similar to that of enforcing sale of real property.