Civil litigation encompasses a wide variety of claims and procedures, often involving complex legal relationships. Effective recovery may require not only the main proceedings but also provisional remedies, including provisional attachment and injunctions, enforcement measures such as seizure, collection and auction, deposits with the court, and applications for the recovery of litigation costs.

The outcome of a civil dispute may change at each level of appeal. Accurate identification of the key issues and the strategy adopted at the outset can therefore be decisive, making experienced and knowledgeable legal representation particularly important.

Drawing on more than three decades of experience and specialist knowledge, 21st Century Law Firm identifies the core issues in each matter and presents the strongest possible case. Where necessary, we integrate provisional remedies and enforcement measures with the main proceedings to achieve practical and effective results for our clients.

General Monetary Claims	Loan claims, claims for the price of goods, assigned claims, contractual payment claims, settlement-account claims, and related matters
Construction and Building Works	Construction payment claims, defect-remediation disputes, declarations of non-existence of a lien, and injunctions to suspend construction works
Commercial and Residential Property	Recovery and delivery of real property; residential and commercial lease disputes; claims for purchase price and return of deposits; claims for registration or cancellation of title transfer; rent and management-fee claims; and return of lease deposits
Housing Cooperatives, Reconstruction and Redevelopment	Withdrawal from a cooperative and recovery of contributions; confirmation of membership status; and actions to invalidate or suspend the effect of resolutions of a general meeting
Damages	Damages claims arising from tort, breach of contract, medical malpractice, traffic accidents, and related matters
Insurance	Actions to invalidate termination of insurance contracts, insurance benefit claims, unjust-enrichment claims, recourse claims, and related matters
Provisional Injunctions	Injunctions prohibiting transfer of possession, injunctions prohibiting disposal of real property, injunctions suspending construction, injunctions permitting inspection of books and records, provisional orders for payment of wages, and related relief
Provisional Attachment and Attachment	Provisional attachment or attachment of real property, receivables, movable property, vehicles, and other assets
Enforcement Proceedings	Auction of real and movable property, substitute performance, indirect compulsory enforcement, and related measures

Provisional Remedies (Provisional Attachment / Provisional Injunction)

Filing of the Application (Creditor)	The creditor files an application for provisional attachment or a provisional injunction with the court.
Order to Amend or Supplement (Court)	Where the court has questions concerning the application, it may order the applicant to amend or supplement it.
Submission of a Written Explanation and Provision of Security (Party)	Submission of a response to the court’s order and provision of security in cash or by guarantee/bond
Decision (Court)	The court dismisses or grants the application.

Main Proceedings

Filing of the Complaint (Plaintiff)	A plaintiff seeking resolution of a dispute prepares and files a complaint with the court.
Service of a Copy of the Complaint (Court)	The court serves a copy of the plaintiff’s complaint on the defendant.
Submission of the Defence (Defendant)	Where the defendant disputes the plaintiff’s claim, the defendant must generally submit a written defence within 30 days. If no defence is filed, the court may render judgment without an oral hearing.
Hearing (Plaintiff and Defendant)	The parties exchange written briefs, and expert appraisal and witness examination may be conducted where necessary.
Judgment (Court)	A party challenging the judgment must generally file a notice of appeal or a petition for final appeal within two weeks after service of the written judgment.

Enforcement Proceedings

Because enforcement procedures vary according to the circumstances of each case, the principal forms of enforcement are outlined below. For further details, please refer to the relevant practice-area pages and our blog.

Attachment of Receivables and Collection/Assignment Orders (including Bank Deposits)

Application for an Attachment Order	Where the debtor has funds in a bank account or a claim for payment against a third party, such as a loan receivable, the creditor may apply to the court for an attachment order.
Attachment Order	The court issues an attachment order prohibiting the third-party debtor, such as a bank, from making payment to the debtor.
Collection and Assignment Order	The creditor may obtain a collection order permitting it to receive payment from the bank or other third party in place of the debtor, or an assignment order transferring the receivable itself to the creditor.

Enforcement against Real Property

Filing of an Application for Compulsory Auction and Commencement Orde	The creditor files an application for compulsory auction with the court, and the court serves the commencement order on the debtor.
Determination and Publication of the Deadline for Distribution Claims	Once the real property is attached, the court sets a deadline, before the first auction date, by which creditors must file claims for distribution.
Preparation for Sale	A court enforcement officer investigates the condition and occupancy of the property, and an appraiser assesses its value. The court determines the minimum sale price based on the appraisal.
Scheduling of the Auction Date and Sale-Approval Date	The court designates the auction date and the date on which it will decide whether to approve the sale. The sale-approval date is usually scheduled approximately seven days after the auction date.
Conduct of the Auction	Bidding takes place on the auction date, and the highest bidder and second-highest bidder are determined.
Sale-Approval Hearing	After hearing the views of interested parties, the court decides whether to approve the sale. An interested party dissatisfied with the decision may file an immediate appeal.
Payment of the Purchase Price	Once the sale-approval decision becomes final, the court sets a payment deadline and orders the purchaser to pay the purchase price.
Distribution Proceedings	After the purchaser pays the full purchase price, the court sets a distribution date, summons the interested parties and creditors who filed distribution claims, and distributes the proceeds.

Enforcement against Movable Property

Instruction to the Court Enforcement Officer	The creditor submits the required documents to the court enforcement officer’s office and instructs the officer to carry out enforcement.
Attachment	The movable property is attached at the location where it is found.
Auction	Cash may be applied directly towards satisfaction of the claim. Other attached property is sold by auction and converted into cash.
Distribution	The proceeds are distributed by agreement among the creditors. If no agreement is reached, the court first pays creditors entitled to priority and distributes the balance among general creditors in proportion to their claims.