Civil 06Civil Application (Provisional Remedies)
Civil Application Procedure (Provisional Remedies)
This is a procedure in which you apply to the court to freeze the other party's assets in advance, so that they cannot hide them before the trial ends. Even if you win at trial, it is hard to get paid if no assets remain.
Which step are you at?
Select your current step and the content for that step will appear below.
Process flowchart
Click a box to see its explanation below.
- Basic step
- Additional action / option
- Rejection / objection
- End of procedure
Filing the application
Basis: Civil Execution Act §276, §300
Submit the right to be preserved and the need for preservation together with prima facie evidence. For provisional attachment, specify the object (real estate, claims, movable property).
Next: ReviewExplanation
Put in the application the circumstances that 'I have a right to be paid, and if the assets are not frozen now, I may not be able to get paid later'. Submit it to the court with evidence.For provisional attachment (freezing assets in advance before trial), you must specify the assets to be frozen (a house, deposits, goods, etc.). So obtain the other party's register, banks, and workplace information in advance.
- Time required
- The time until a decision differs from case to case, so check with the court where you filed (provisional attachment can be decided without a hearing)
- Cost
- Stamp fee, service fee, and security (set by the court case by case; with the court's permission, it can be provided as a guarantee)
Procedure guide
Read from start to finish in order. Red text marks deadlines set by law.
- 1
Provisional attachment freezes the other party's assets (real estate, deposits, wages, movable property) in advance for money you will receive later. A provisional injunction prevents the subject of a dispute (such as title to real estate) from changing, or sets a temporary status until the trial ends. Both are applied for before or during the main lawsuit (the main trial).
Current step - 2
In the application, state the right to be preserved (the right you are owed) and the need for preservation (the circumstances showing that execution will be difficult later unless the assets are frozen now), and submit supporting prima facie evidence (evidence) with it (Civil Execution Act §276, §300). Provisional attachment requires you to specify the assets to be frozen precisely, so obtain the other party's real estate register, banks, and workplace information in advance.
Current step - 3
As a rule, provisional attachment and provisional injunctions concerning the subject of a dispute are reviewed on documents alone without the other party's knowledge. By contrast, for a provisional injunction determining a temporary status, a hearing is held to hear both sides. Either way, how quickly you put together and submit your materials determines the outcome.
- 4
If a preservation measure turns out to have been wrong, the other party may suffer loss. So the court orders the applicant to provide security (a deposit) in cash or as a guarantee insurance policy. The decision is issued only after you provide the security within the set period and submit proof of it.
- 5
Once a provisional attachment or provisional injunction decision is made, it takes effect for real estate when the court requests the registry office to record it (commissioned registration), for claims (deposits, wages) when the decision reaches the 3rd-party debtor (bank, employer), and for movable property (goods) when the enforcement officer executes it.
- 6
The other party (the debtor) can challenge it by an objection, an application for an order to file suit, or an application for cancellation due to changed circumstances. If the court issues an order to file suit, the applicant must file the main lawsuit within the set period of at least 2 weeks (Civil Execution Act §287). If it is not filed within the period, the preservation measure is cancelled.
- 7
If you lose the main lawsuit or the preservation measure turns out to have been unjust, you may become liable to compensate the other party for their loss. Conversely, if you win the main case, you can execute directly against the provisionally attached assets and get paid.
Deadlines to keep from now
- Order to file suit: period of at least 2 weeksStep 6 Objection / application for cancellation
Preparation and checks
- Obtain information on the other party's assets (real estate register, banks, workplace). You must specify the assets to be frozen precisely.
- Prepare prima facie evidence (materials supporting the facts), such as a contract or IOU, showing your right to be paid. This is because provisional attachment can be decided on documents without a hearing (the procedure of presenting arguments in court).
- Arrange cash or a guarantee insurance policy to provide as security. It must be provided within the period set by the court.
- After the decision, check that registration, service (the court's official delivery of documents), or execution by the enforcement officer has been carried out and that it has taken effect. The decision alone does not freeze the assets.
- If you receive an order to file suit, file the main lawsuit within the set period (at least 2 weeks). If you miss it, the preservation measure is cancelled.
- If your assets have been provisionally attached, consider filing an objection or applying for an order to file suit. In the meantime, you cannot dispose of the assets.
When you need a lawyer
In these cases you need a lawyer's help before applying: when it is hard to pinpoint where the other party's assets are, or when the security (deposit) set by the court is too large and you need to ask for it to be reduced.
The same applies when, conversely, your own assets have been provisionally attached or enjoined and you need to object or seek cancellation.
With preservation measures (measures that freeze assets before trial), how quickly you put together and submit materials determines the outcome.
Current position (1/6)
Step 1 · Filing the application
What to do now
Put in the application the circumstances that 'I have a right to be paid, and if the assets are not frozen now, I may not be able to get paid later'. Submit it to the court with evidence.
For provisional attachment (freezing assets in advance before trial), you must specify the assets to be frozen (a house, deposits, goods, etc.).
So obtain the other party's register, banks, and workplace information in advance.
- Obtain information on the other party's assets (real estate register, banks, workplace). You must specify the assets to be frozen precisely.
- Prepare prima facie evidence (materials supporting the facts), such as a contract or IOU, showing your right to be paid. This is because provisional attachment can be decided on documents without a hearing (the procedure of presenting arguments in court).
What comes next
Step 2 · Review
As a rule, the court decides by looking only at the documents. This is because proceeding without the other party's knowledge allows the assets to be frozen before they are hidden.
However, a provisional injunction (a measure that temporarily freezes the subject of a dispute) asking the court to 'set a certain temporary status' is decided after calling in both sides to hear their views.
Deadlines to keep from now
- Order to file suit: period of at least 2 weeksStep 6 Objection / application for cancellation
Basis: Civil Execution Act §287, Civil Execution Act §282
When to involve a lawyer
In these cases you need a lawyer's help before applying: when it is hard to pinpoint where the other party's assets are, or when the security (deposit) set by the court is too large and you need to ask for it to be reduced.
The same applies when, conversely, your own assets have been provisionally attached or enjoined and you need to object or seek cancellation.
With preservation measures (measures that freeze assets before trial), how quickly you put together and submit materials determines the outcome.
Frequently asked questions
Practical questions that come up right away in this procedure.
- QWhich court do I file with? Can I file electronically?
- File an application for provisional attachment with the court where the main lawsuit can be filed (such as the court for the debtor's address) or the court where the assets to be attached are located. File an application for a provisional injunction with the court of the main lawsuit or the court where the subject of the dispute is located.You can file electronically, and provisional attachment, which is reviewed on documents only, proceeds without the other party's knowledge.
- QHow much does it cost?
- The stamp fee (court fee) is KRW 10,000 (for a provisional injunction determining a temporary status, 1/2 of the stamp fee for the main case, up to KRW 500,000). The service fee covers 3 rounds per party.For provisional attachment of real estate, you additionally pay registration and license tax (0.2% of the amount claimed) and local education tax (20% of the registration and license tax). The largest cost is the security (deposit) set by the court.The court sets the amount of security case by case, considering the amount claimed, the type of assets to be attached, and so on. A considerable part of it can be replaced with a guarantee insurance policy.
- QDo I get back the cash or guarantee insurance premium I provided as security?
- A cash deposit can be returned. You get it back by obtaining a decision cancelling the security after the main lawsuit ends, and if you win, it can be cancelled even without the other party's consent.On the other hand, a guarantee insurance policy is issued after you pay a premium to an insurance company, so that premium is not returned.
- QA provisional attachment decision has been made. When will the other party find out?
- They learn of it when the court sends the decision to the debtor after it is made.For real estate, the provisional attachment is recorded in the register; for deposits and wages, the decision first reaches the bank or company and takes effect, and only then is it delivered to the debtor. So the assets are frozen before the debtor knows.
- QMy assets have been provisionally attached. How can I release them?
- There are three ways. First, apply for an order to file suit (an order to file the main lawsuit).This demands that the creditor file the main lawsuit (the main trial). If no lawsuit is filed within the period, the provisional attachment is cancelled.Second, file an objection claiming that the provisional attachment itself is unjust. Third, deposit with the court the release deposit stated in the decision (money that, once deposited, releases the provisional attachment) and have the execution cancelled.There is no deadline for an objection. However, you cannot dispose of the assets while the provisional attachment stays in place, so it is better to hurry.
- QCan I get paid just by obtaining a provisional attachment?
- No. Provisional attachment only 'freezes' assets.You can execute against those assets and get paid only after winning a judgment in the main lawsuit. If no main lawsuit is filed for 3 years after the provisional attachment, it may be cancelled at the debtor's request.
When you need a lawyer
- Provisional attachment can be decided on documents alone without a hearing (Civil Execution Act §280(1)), and execution can be carried out even before the decision is served on the other party (§292(3)). So it is important to prepare your first materials quickly and thoroughly.
- If the other party suffers loss from an unjust preservation measure, the applicant may become liable for damages. This is also why the court requires the applicant to provide security.
Related laws
- Civil Execution Act Articles 276 to 312
Civil Application Procedure (Provisional Remedies),
Curious how your own case will proceed?
