Can I place a provisional attachment or provisional injunction on a debtor's unregistered real estate?

A debtor's unregistered real estate can also be subject to a provisional attachment or provisional injunction.

Even if the real estate is in an unregistered state, if it is proven that the actual owner of that real estate is the debtor, the rights to that real estate can be preserved through the provisional attachment procedure.

A provisional attachment is a legal procedure that a creditor requests from the court in order to secure a claim against the debtor's property.

Because the ownership of unregistered real estate is not registered in the register, there may be difficulty in confirming the rights relationships regarding that real estate.

However, if there are materials that can prove that the actual owner is the debtor, a provisional attachment can be applied for.

The ownership of the real estate can be proven through a sales contract, a tax payment certificate, an inheritance certificate, or transaction records with the previous owner, and the like.

When the application for provisional attachment proceeds, the court, through a procedure to confirm ownership of the relevant real estate, may issue a provisional attachment decision.

When the court issues a provisional attachment decision, a provisional attachment registration is made on the real estate.

However, in the case of unregistered real estate, because the rights do not appear in the register, a third party may not be aware of the relevant real estate. Therefore, after the provisional attachment, the creditor needs to precisely examine the current status and rights relationships of the real estate.

This is because the real estate may in fact be entangled with another person's rights, or there may be a legal dispute. If you proceed without sufficiently grasping these parts, protecting the rights to the relevant real estate may be difficult even after the provisional attachment.

Therefore, if you are in a situation where you need help related to provisional attachment or provisional injunction, please be sure to seek advice from a specialized attorney.