What is the difference between provisional attachment and provisional injunction?

I will answer your inquiry about the difference between provisional attachment and provisional injunction.

First, a provisional attachment is a preservative measure applied for to the court in order to freeze the debtor's property in advance for the purpose of preserving the execution of a monetary claim or a claim that can be converted into money.

A provisional attachment serves to preserve the debtor's property so that the debtor cannot dispose of it.

Conversely, a provisional injunction, like the transfer of real estate ownership or a claim for cancellation of registration, is a measure applied for in order to preserve future execution with respect to a claim concerning objects or rights other than a monetary claim.

This is applied for with the purpose of maintaining the status quo so that the debtor cannot dispose of the property or change its condition.

Accordingly, a provisional attachment is mainly needed in situations related to monetary claims.

You should apply for a provisional attachment when the debtor does not repay the money and continues to delay payment, or when it is judged that there is a possibility of the debtor concealing assets.

Conversely, a provisional injunction is needed when a right other than money must be protected.

If, after a real estate transaction, the transfer of ownership registration has not been completed and there is a possibility that the other party may dispose of that real estate, it is advisable to apply for a provisional injunction.

Both a provisional attachment and a provisional injunction are legal measures to preserve property before litigation, but their purposes and scope of application can be said to differ.

For example, if you want to prevent the disposal of property, you can apply for a provisional attachment, and if you want to protect a right other than a monetary claim, you can apply for a provisional injunction.

You can legally apply for a provisional attachment or provisional injunction on your own, but because the procedure is complex, it is advisable to seek the help of an attorney.