Even if you win the bid, the occupant may not leave — in such cases, the successful bidder can use a Delivery Order. This article explains the requirements, the 6-month deadline, costs, and enforcement from a practical perspective.
A Delivery Order is a procedure where a person who has purchased real estate at auction, after paying the purchase price, petitions the court to order the occupant to vacate the property (Article 83 of the Civil Execution Act). Normally, an eviction lawsuit is required to remove an occupant, but a major advantage for auction purchasers is that they can use this simpler and faster Delivery Order.
If the occupant does not comply even after a Delivery Order is issued, the purchaser can proceed to enforcement using the order as a legal title. In other words, the Delivery Order is an important legal tool to make the auctioned property "actually usable."
Whether a Delivery Order can be used depends on whether the occupant has a right that can be asserted against the purchaser.
| Subject to Order | Not Subject to Order | |
|---|---|---|
| Main Occupants | Debtor/owner, lessees after mortgage registration, illegal occupants | Lessees who fulfilled perfection requirements before mortgage registration, those with leasehold rights to be assumed |
| Result | Delivery Order → Eviction via Enforcement | Lease is assumed (eviction not possible) |
A Delivery Order must be filed within 6 months from the date of payment of the purchase price (with exceptions, such as 9 months when the opposing party is a user of a commercial building). If this period passes, the Delivery Order cannot be used, and a regular eviction lawsuit becomes necessary, significantly increasing both time and cost.
Therefore, after winning the bid and paying the purchase price, it is a practical rule to prepare for the Delivery Order early, in parallel with negotiations with the occupant.
| Item | Estimated Cost |
|---|---|
| Filing for Delivery Order | Approx. several thousand yen (revenue stamps, postage, etc.) |
| Enforcement (Advance Deposit) | Several tens of thousands of yen ~ (advance deposit to the court execution officer) |
| Removal & Storage of Belongings | Several hundred thousand yen ~ (depends on volume/scale; can exceed 1 million yen) |
If the occupant vacates voluntarily, costs are limited to the filing fee, but if it leads to enforcement, costs increase dramatically. This shows that occupant risk directly impacts post-auction costs.
The most reliable way to avoid the hassle and cost of Delivery Orders and enforcement is to choose properties with low occupant risk. Vacant properties (no occupants) or properties where the owner themselves reside are easier to handle compared to properties with lessees or illegal occupants.
At KeibaiX, AI analyzes the current condition survey report to determine the occupancy status and reflects it in the KeibaiX Risk Score. You can filter the list to find properties with low occupant risk.
Disclaimer: This article is for general informational purposes only and does not constitute individual legal advice. The requirements, periods, and costs of procedures vary depending on the case and court. Please consult a specialist such as a lawyer or judicial scrivener for specific actions.