How shall assets belonging to other parties which are attached to land belonging to the judgement debtor be settled?
Should the asset on distrained land belong to another person, the following shall be applied:
(i) If the asset was acquired before the judgement debtor received the judgement enforcement decision, the Civil Judgement Enforcement Agent shall request the owner to voluntarily move the asset in order to return the land use right to the judgement debtor. If the owner does not voluntarily move the asset, the Enforcement Agent shall guide the owner and the judgement debtor to reach a written agreement on the method of property settlement. Within 15 days from the date of this instruction, if no agreement is reached, the Enforcement Agent shall handle such assets together with the land use right to ensure the lawful rights and interests of the judgement debtor and the owner of assets attached to land.
If the owner of the asset is a land tenant or received a capital contribution with land use rights from the judgement debtor but does not form a new legal entity, the owner is entitled to continue to sign a land lease contract or a contract of capital contribution for land use rights with the auction winner, (the auction winner being the person receiving the land use rights for the remaining term of the contract which they previously signed with the judgement debtor). In this case, before handling land use rights, the Enforcement Agent shall notify auction participants and proposed recipients of land use rights of the right of the person with land-attached assets to continue signing contracts;
(ii) If the assets are acquired after the judgement debtor receives the judgement enforcement decision, the Enforcement Agent shall request the owner to voluntarily move the asset in order to return the land use right to the judgement debtor. After 15 days from the date of the request, if the owner does not move the asset or the asset cannot be moved, the Enforcement Agent shall handle such asset together with the land use right.
For assets acquired after distraining, if the owner does not move the asset or the asset cannot be moved, these assets must be dismantled. The Enforcement Agent shall coordinate the dismantling process, except when the recipient or the auction winner of the land use right agrees to buy the asset.
(iii) The owner of assets attached to the land of the judgement debtor shall be refunded the proceeds from selling or receive the property back. Should the property be dismantled the owner must pay for the costs of distraint, valuation, auction, and dismantling of the asset.